Jabez and James Durfee Summons, 1838

    Below are summonses to Jabez and James Durfee. Jabez was a Mormon living in Daviess County, Missouri. James lived in Caldwell County. Both were sons of Perry Durfee and Annie Salisbury. Along with his father's family, Jabez moved into Daviess County in December 1837. Along with his second wife, Elizabeth Davis (Goldsmith, Brackenbury, Durfee, Smith, Lott), Jabez was in the process of acquiring 160 acres of land in section 18, Township 58, range 27 West. He "improved said Quarter by cultivating a portion of the soil and building a house in which" he lived. Family holdings were near the Mormon settlement of Ambrosia, along the mouth (east end) of Marrowbone Creek. Jabez constructed and operated a mill on the Creek that passed through his land.
    The summonses demanded that the brothers appear as witnesses before the Judge of Ray County, Missouri, on behalf of the defendents in an action against Alexander and Samuel Bogart.
    The defendants in this case were Alexander and Samuel Bogart. Samuel, was a Methodist minister. He operated a mercantile establishment in Elkhorn, in the central portion of Ray County. The summons is written in the hand of Wiley C. Williams and signed twice by him as clerk of the Ray Circuit Court. Williams also served as an aide to Governor Lilburn Boggs. The document is also signed by Davies County Sheriff attesting he had served the summons. After authentication, this document was recently acquired by the Far West Cultural Center. It is hoped that this document and others will help to clarify the interactions between the Mormons and their non-LDS neighbors on a business, legal, and social basis.
   Manuscript document, dated 8 June 1838, approximately 8 X 9 inches in size.
 


 
Document image provided courtesy of Mike Riggs.

 

Typescript  
State of Missouri} S.S.
The state of Missouri
County of Ray

To Jabez Durfee-
    Greeting you are here by required that you be and appear before the Judge of our Ray Circuit Court at the County house in the Town of Richmond on the 2nd day of our next July term it being the 10th of Said month to testify and the truth of your Knowledge to Say in a certain Matter of controversy in our Said Court pending
    Benjamin Benson viz plaintiff and Saml. & Alexander Bogard are Defendants on the part of the Defendants and hereof fail not under the Legal penalty
    W[illey]. C. Williams Clerk of said Court with his private Seal affixeth having no seal of Office provided this 8th day of June 1838
    W C Williams Clk
{Seal}


[REVERSE]
    Executed the within writ by Reading the same to the within named Durfee on the 6th day of July 1838
    William Morgan Sheriff
    Fees $.50

[Indexing notation] 378
Benj. Benson
vs.
S & A Bogard
To July 1838

    [signed] Durfee Witness

The summons for James Durfee exists in the form of a photocopy of the companion document. This photocopy was forwarded by the LDS Archives to the Circuit Court of Ray County, Richmond, Missouri, 16 April 1986, see Accretion Papers, P68, f3, Community of Christ Archives, Independence, Missouri

    State of Missouri} S.S. The State of Missouri
    County of Ray
    To James Durfee-
    Greeting you are here by required That you be and appear before the Judge of our Ray Circuit Court at the County house in the Town of Richmond on the 2nd day of our next July term it being the 10th of Said Coun month to testify and the truth of your Knowledge to Say in a certain Matter of controversy in our Said Court pending Wherein
    Benj[amin] Benson is plaintiff and Saml & Alexander Bogard are defendants on the part of the Defendants and here of fail not under the Legal penalty
    Witness W[illey]. C. Williams Clerk
    of said Court with his private Seal affixed having no seal of Office provided this 8th day of June 1838
    W C Williams Clerk
    {Seal}

[Reverse]
    I Executed the within Subpoena by reading The same in the hearing of the within named James Durfee This 27th June 1838
    John Skidmore Sheriff of Caldwell Cty
    Sheriff Fees $.50

[Indexing notation 378]
    Benj. Benson
    vs.
    S & A Bogard
    To July 1838

    Defts Witness (Caldwell)

 

 

 
For more information on facilities and events at the Far West Cultural Center, follow these links:

Testimonies

** Group Tour Arrangements **

To FarWestHistory.com