| State of Illinois | } |
| Sangamon County | Circuit Court July Term 1837. |
Humbly complaining sheweth unto your Honour your Orator George Waggoner, that on the 27th day of December 1834, at the County and State aforesaid one William Kirkpatrick (whom your orator prays may be made a defendant to this bill of complaint) by his
agent Thomas Kirkpatrick made and executed his bond or agreement in writing under seal for the conveyance
of a certain tract of land therein described, which said bond is in the words & figures
following towit
This agreement made and entered into this 27th day of December 1834 between William Kirkpatrick by his agent and attorney in fact Thomas Kirkpatrick of the one part Witnesseth and George Waggoner of the other part Witnesseth: that the said William Kirkpatrick by his said agent and attorney in fact Thomas Kirkpatrick, hath this day sold to the said George Waggoner the North West fractional quarter of Section three in town sixteen North Range six
West of the third principal Meridian1 except four acres thereof heretofore conveyed to said Waggoner for the sum of Eight hundred dollars as follows to wit, the sum of $582.55, the amount
of the ballance due on two judgements in the Sangamon circuit court2 one in favour of said Waggoner and Dorrel against said William Kirkpatrick and the other in favour of said Waggoner against William Kirkpatrick and John Kirkpatrick3 and the ballance to be paid in sawing and grinding according to the terms of a note this day executed
by said Waggoner to said Kirkpatrick for the sum of $217.45
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and the said William Kirkpatrick is to make to said Waggoner a good title by General Warrantee deed for said land within three months or on demand
afterwards.
In witness whereof the said William Kirkpatrick by Thomas Kirkpatrick his agent and attorney hath hereunto set his hand and affixed his seal this 27th day of December 1834
William Kirkpatrick seal
by Thomas Kirkpatrick.4
which said bond is herewith filed as Exhibit marked A & prayed to be made part of
this bill, and your Orator further represents unto your Honour that although three months have long since Elapsed since the making and executing
the aforesaid bond: and although your Orator has paid a part of the aforesaid sum
of $217.45 according to the terms of the aforesaid note of your Orator to said Wm Kirkpatrick, and has been at all times ready and willing to pay the balance of said note, in
sawing and grinding according to the terms of said promissory ^note^ yet the said William Kirkpatrick has not made and executed to your Orator, a good title by general warranty ^deed^ for the land in said bond described, according to the tenor and effect of said bond
although often requested so to do. All of which actings and doings are contrary to
equity and good conscience Wherefore your Orator prays your Honour to award against said William Kirkpatrick ^the people’s writ of subpoena^ commanding him the said William Kirkpatrick to appear, and [true?] answer upon his corporal oath to make to the allegations in this your Orator’s bill
of complaint contained.5 And finally
Thomas & Prickett<Page 3>
that your Honour upon the hearing of the said cause will order and decree that the said William Kirkpatrick, make and execute to your Orator a good and sufficient deed by general warranty,
to the land in said bond described, according to the terms of said bond; and to grant
and decree such other and further Relief as to your Honour in the premises may deem necessary and your Orator as in duty bound will ever pray
&c.
Solrs[Solicitors] for Complainant6
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[ docketing
]
56
28
27
24 17
[ endorsement
]
Praecipe in Wagoner v. Kirkpatrick
Praecipe in Wagoner v. Kirkpatrick
The Clerk will issue a subpoena in chancery, to the defendant herein, returnable to the next
July term of this Court
Thomas & Prickett for Complt[Complainant]7[ docketing
]
Complete Record 1248 words $1.88
3There may have been as many as three men named John Kirkpatrick in early Sangamon
County, Illinois: John Kirkpatrick, John D. Kirkpatrick, and John L. Kirkpatrick, who married Mary Ann Sims there in 1825.
Illinois Statewide Marriage Index, Sangamon County, IL, Illinois State Archives, Springfield, IL.
4The clerk filed the agreement on October 29, 1835, and it was recorded in the county
recorder’s office on November 6, 1835.
Agreement, 6 November 1835, Wagoner v. Kirkpatrick, case file, Sangamon County Circuit Court; Sangamon County, Illinois, Deed Record
H, 638, both in Illinois Regional Archives Depository, University of Illinois, Springfield;
Wagoner v. Kirkpatrick, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=140820.
5Around March 1837, Wagoner retained Stuart & Lincoln to represent his claim in Sangamon County Circuit Court. This bill for specific performance
and the case it initiated asked the defendant to fulfil his contract obligation.
Wagoner v. Kirkpatrick, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=140820.
6Jesse B. Thomas Jr. and David Prickett also represented Wagoner in this Sangamon County
Circuit Court land case.
Wagoner v. Kirkpatrick, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=140820.
7The clerk issued a subpoena on March 25, 1837, and four days later, a deputy sheriff served it. In October 1838, Wagoner dismissed the case. NOTE: need to check deed
record to see if the Kirkpatrick’s settled, which I suspect they did.
Subpoena in Chancery, 25 March 1837, Wagoner v. Kirkpatrick, case file, Sangamon County Circuit Court, Illinois Regional Archives Depository,
University of Illinois, Springfield; Wagoner v. Kirkpatrick, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=140820.
Handwritten Document Signed with a Representation, 4 page(s), Abraham Lincoln Papers, Library of Congress (Washington, DC),