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Manuscript/Mixed Material Separate Answer in Broadwell et al for use of Thompson et ux.v Broadwell et al, [Law papers].

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About this Item

Title

  • Separate Answer in Broadwell et al for use of Thompson et ux.v Broadwell et al, [Law papers].

Created / Published

  • Sangamon county, Illinois, 1842

Headings

  • -  Lincoln, Abraham, 1809-1865
  • -  Lincoln's law practice
  • -  Logan, Stephen T. (1800-1880)
  • -  Calhoun, John (Lincoln's law practice)
  • -  Broadwell, Daniel (Lincoln's law practice)
  • -  Broadwell, John B. (Lincoln's law Practice)
  • -  Sweat Thompson, Mary Jane (Lincoln's law practice)
  • -  Broadwell, Moses (Lincoln's law practice)
  • -  Thompson, Michael (Lincoln's law practice)
  • -  Manuscripts
  • -  Legal case and case notes
  • -  United States -- Illinois -- Sangamon

Genre

  • Manuscripts
  • Legal case and case notes

Notes

  • -  Portion of document appears to be in Lincoln's hand.
  • -  Summary: Moses Broadwell wished to give his deceased son's children, Mary Jane Broadwell and William Broadwell, land if they lived to adulthood. He deeded four hundred acres to his other son, John B. Broadwell, to hold in trust. John B. Broadwell gave a bond to guarantee the conveyance. Mary Jane Broadwell later married Michael Thompson, and they sued John B. Broadwell to obtain their two-hundred-acre share, one-half of the accrued rent, and damages for cutting timber. John B. Broadwell pleaded that he had received an absolute deed to the land and had the option of conveying the property or paying the bond's $500 penalty. John B. Broadwell chose to pay the $500 penalty rather than convey the land. The court ordered John B. Broadwell to pay $500 to the Thompsons, who appealed to the Illinois Supreme Court because the bond was meant for conveyance of land, not payment of money. The supreme court reversed and remanded the judgment. Justice Caton stated that the "explicit declaratory clause" in the bond proved that the true intent of the obligation was that the two grandchildren receive equal shares of the land. Caton remarked that it was "very remarkable" that John B. Broadwell would plead that he had the option of paying the penalty instead of conveying the land. At the trial of the remanded case, the court ordered John B. Broadwell to give Mary Jane Thompson and William Broadwell two hundred acres of land each. Lincoln represented John B. Broadwell in the trial, the appeal, and the remanded case. Lincoln and Herndon received $20 for their legal services.

Medium

  • 20.3 x 31.7 cm.

Call Number/Physical Location

  • Law Papers; Portfolio 1, no. 35

Source Collection

  • The Alfred Whital Stern Collection of Lincolniana

Repository

  • Rare Book And Special Collections Division

Digital Id

Online Format

  • online text
  • image
  • pdf

Rights & Access

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Credit Line: Library of Congress, Rare Book and Special Collections Division, Alfred Whital Stern Collection of Lincolniana.

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Cite This Item

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Separate Answer in Broadwell et al for use of Thompson et ux.v Broadwell et al, Law papers. Sangamon county, Illinois, 1842. Manuscript/Mixed Material. https://aj.sunback.homes/item/scsm001408/.

APA citation style:

(1842) Separate Answer in Broadwell et al for use of Thompson et ux.v Broadwell et al, Law papers. Sangamon county, Illinois. [Manuscript/Mixed Material] Retrieved from the Library of Congress, https://aj.sunback.homes/item/scsm001408/.

MLA citation style:

Separate Answer in Broadwell et al for use of Thompson et ux.v Broadwell et al, Law papers. Sangamon county, Illinois, 1842. Manuscript/Mixed Material. Retrieved from the Library of Congress, <aj.sunback.homes/item/scsm001408/>.