001 — A. Lincoln signed pleading, 1851

A. Lincoln signed pleading, 1851

Donated by Guy Fraker

In 1851, Lincoln was asked to write a pleading of the McLean County Circuit Court case, Jesse Funk v. Robert H. Rutledge. This is the resulting document, signed by Lincoln.

 

This Respondent saving and reserving to himself the benefit of all just exceptions to the manifold  untruths anon, and insufficiencies of said Bill for answer thereto or to so much thereof as, he is advised it is material to be answered unto, answering says it is not true that he and Complainant ever had any contract by which the land in complainant’s Bill described was in any way to be purchased for their joint benefit – it is true that Respondent entered said land at the Danville Land Office by the location of a Land Warrant, but it is not true that the Complainant was in any way interested in said entry or location – the only connection that Complainant had – with the entry or location of said land, if such can be called a connection, was as follows; to wit: Complainant and Respondent are neighbors, and at the same time were in Danville for the purpose of entering land each for himself – They ascertained that Thomas C. Forbes, as agent for William H. Wells, had Land Warrants for sale, and they accordingly called on him for the purpose of purchasing – Respondent bought of said Forbes on 160 acre warrant for one hundred and seventyfive dollars, for which he gave his two promissory notes for eighty seven dollars and fifty cents each payable to said Wells, which notes respondent has paid, & herewith files marked (A) and prays may be taken as part hereof – That although said notes are joint in form and are signed by complainant as well as Respondent, as between them, Complainant was no other than a surety to said notes – At the same time Complainant bought three 160 acre Warrants for which  he gave six similar notes and Respondent in like manner became Complainant’s surety on said last mentioned six notes – After Warrants were purchased, Complainant located his and Respondent his, on which location neither had the slightest connection with the other. Respondent denies that Complainant ever talked to him about paying any part of the two notes firs above mentioned until after Respondent had paid them: and he denies that complainant has ever offered to pay him one half of the money the Respondent paid on said notes – He admits that since he has discharged said notes the Complainant has set up acclaim to one half of said land by paying half the purchase money, and has demanded a conveyance of the same, and also that he, Respondent, has refused, and still does refuse to make such conveyance- Respondent  denies that he purchased said land in whole, or in any part in trust for Complainant, - He denies that complainant paid or ever contracted to pay, any part of the consideration for sad land – he denies  that there ever was any note or memorandum in writing signed by Respondent, of any contract by which, in any event, complainant was to have any part of said land, an Respondent hereby sets up and relies upon the law of the State of Illinois Commonly called the “Statute of Frauds” – And Respondent denies all the allegations of said Bill not heretofore admitted – And not having fully answered, he prays to be hence discharged with his reasonable costs -  Lincoln for Respondent-