Anson L. Brewer to Abraham Lincoln, 22 October 18551
New Lisbon Oct 22 ^55^A Lincoln Esq[Esquire]Dear Sir,In your last you informed me that you expected in the Septr[September] Term of your court to get a decision in the Kelly case. As that has gone by, I should like to know the result– I presume the main
question was at that term settled–2
yours &c.[etc.]A L Brewer2Brewer references a lawsuit involving James Kelly and Jesse D. Blackledge. In August 1838, Kelly sold his share of a mill in Columbiana County, Ohio, to Nathan
Harris, who financed the transaction with a series of promissory notes, with Blackledge
as security. Harris and Blackledge did not redeem the notes upon their maturity,
and in August 1845, Kelly brought suit in the Court of Common Pleas of Columbiana
County to recover the debt. In June 1847, the court rendered a judgment against Blackledge
and Harris for $632.59. Blackledge failed to satisfy the judgment and moved to Logan County, Illinois. Brewer, Kelly’s attorney in Ohio, traced Blackledge to Logan County. In October 1852, Kelly retained Lincoln & Herndon and sued Blackledge in the Logan County Circuit Court to recover the debt. While the case proceeded in the Logan County Circuit Court,
Blackledge died, and Kelly dismissed the case in order to file a claim against Blackledge’s
estate. Kelly continued to employ Lincoln & Herndon, and in 1854, he filed a claim
against David G. Evans, the executor of Blackledge's estate, in the Logan County Court. In April 1855,
the court refused the claim because Kelly had not filed the claim in time. In September
1855, Kelly appealed the judgment to the Logan County Circuit Court. The September
term of the court began on September 3, 1855. The court ruled for Kelly and awarded
him the judgment award from Ohio.
Lincoln and Brewer first corresponded regarding this suit in November 1852. In 1855, Lincoln wrote Brewer three additional
letters about this case.
“An Act to Reduce the Limits of the Eighth Judicial Circuit, and to Fix the Times
of Holding Courts Therein,” 3 February 1853, General Laws of Illinois (1853), 64; Henry C. Friend, “Abraham Lincoln as a Receiving Attorney: Kelly
vs. Blackledge,” Abraham Lincoln’s Commercial Practice (Chicago: Commercial Law Foundation, 1970), 21-28; Roy P. Basler, ed., The Collected Works of Abraham Lincoln (New Brunswick, NJ: Rutgers University Press, 1953), 2:161, 308-9, 315-16, 327;
Kelly v. Blackledge, 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=140956; Kelly v. Evans, 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=136119; Kelly v. Evans, 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=136120; Abraham Lincoln to Anson L. Brewer; Abraham Lincoln to Anson L. Brewer; Abraham Lincoln to Anson L. Brewer.
Autograph Letter Signed, 1 page(s), Brown University (Providence, RI).