University of Chicago Library

Guide to the Lincoln Collection, Lincoln Law Cases 1837-1859

Descriptive Summary

Title:	Lincoln Collection. Lincoln Law Cases
Dates:	1837-1859
Size:	0.5 linear feet (1 box)
Repository:	Hanna Holborn Gray Special Collections Research Center University of Chicago Library 1100 East 57th Street Chicago, Illinois 60637 U.S.A.
Abstract:	The Lincoln Law Cases collection contains records of cases handled by Abraham Lincoln and his various legal partnerships from 1837 to 1859. Collection includes plaintiff complaints, summons, affidavits disclosing verdicts of juries. It forms part of the William E. Barton Collection of Lincolniana.

Information on Use

Access

The collection is open for research.

Citation

When quoting material from this collection, the preferred citation is: Lincoln Collection. Lincoln Law Cases, [Box #, Folder #], Hanna Holborn Gray Special Collections Research Center, University of Chicago Library

Biographical Note

Rev. William Eleazar Barton (1861-1930) The Rev. William Eleazar Barton (1861-1930) was one of the early twentieth century's most prominent writers and lecturers on the life of Abraham Lincoln. Born in Sublette, Illinois, in the same year Lincoln assumed the presidency, Barton grew up in an environment heavily influenced by reverence for Lincoln. After pursuing undergraduate studies at Berea College in Kentucky, Barton earned his divinity degree from the Oberlin Theological Seminary in 1890. He served parishes in Tennessee, Ohio, and Massachusetts before becoming the pastor of the First Congregational Church of Oak Park, Illinois, a position he held until his retirement in 1924. Four years later, Barton accepted an appointment as lecturer at Vanderbilt University, Nashville, Tennessee, where he also organized and served as pastor of the Collegeside Congregational Church.

Barton's work as a writer produced a number of denominational manuals for church organization and a series of books presenting the wisdom and parables of a character he named Safed the Sage. For the last ten years of his life, however, Barton was best known to the public as a prolific author and lecturer on Abraham Lincoln. His publications about Lincoln included The Soul of Abraham Lincoln (1920), The Paternity of Abraham Lincoln (1920), The Life of Abraham Lincoln (1925), The Great and Good Man (1927), The Women Lincoln Loved (1927), and The Lincoln of the Biographers (1930).

In the course of compiling material for his writings and talks, Barton visited Lincoln sites in Kentucky, Indiana, and Illinois; interviewed surviving Lincoln relatives and acquaintances; and traveled as far as California and England to collect information and conduct genealogical research on the ancestry of the Lincoln family. While acquiring a large collection of books, periodicals, pamphlets, manuscripts, and ephemera related to Lincoln and the Civil War era, Barton also purchased privately or at auction historical materials amassed by other Lincoln collectors such as John E. Burton and Osborn H. Oldroyd.

Scope Note

Abraham Lincoln practiced law, both civil and criminal cases, from 1836 to 1861 in Central Illinois. Many cases involved issues such as breach of contract, assault, bootlegging, and debt collection. The legal cases in this collection were compiled by William E. Barton and represent only a sampling of the number of cases that either Lincoln or his partnerships handled.

The collection is organized alphabetically by case name and includes material such as formal plaintiff complaints, summons of defendant’s witnesses to court, and affidavits disclosing the verdicts of the jury. Also in the collection are notes written by William E. Barton with his commentary on the cases.

Lincoln's legal partners and collaborators included:

Lincoln & Linder (Usher F. Linder)

Benedict & Lincoln (Kirby Benedict)

Wright, Craft & Lincoln

Kinney, Wright, Craft & Lincoln

Stuart & Lincoln (John Todd Stuart)

Logan & Lincoln (Stephen Trigg Logan)

Lincoln & Herndon (William H. Herndon)

Related Resources

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Subject Headings

Barton, William Eleazar, 1861-1930
Lincoln, Abraham, 1809-1865

INVENTORY

Box 1 Folder 1

Albin vs. Bodine papers, 24 Ds., 1848-1850

Summons of defendant, 1848
J.H. Murphy, plaintiff attorney, written complaint of plaintiff, 1849
Summons of witnesses (10), 1848-50; Surety pledge for costs, 1849
Affidavit of defendant that plaintiff cannot pay costs, 1849
Affidavits of witnesses on number of days spent in court (7), 1849-50
Jury’s statement of findings, undated; List of names, undated
Motion of plaintiff for new trial (2), 1849

Box 1 Folder 2

Allen vs. Runsdell papers, D. 4p.,1840

S.T. Logan, written complaint of plaintiff

Box 1 Folder 3

Anderson vs. ----- papers, A.D. 1 p., 1837

Richard Anderson, promissory not of payment on case outcome in plaintiff’s favor, Photostat positive, 1837

Box 1 Folder 4

Benson vs. Mayo papers, 9 Ds., 1851

Lincoln & Linder, attorneys for plaintiff, complaint of plaintiff, 1851
Promissory note in Benson v. Mayo (in Lincoln’s hand), 1851
Writs of summons (6) 1 missing, 1851
Affidavit of witness on number of days in court, 1851

Box 1 Folder 5

Conneau vs. Whitney papers, A.D. 1 p., 1838

Notice to defendant of deposition to be taken, in Lincoln’s hand, 1838

Box 1 Folder 6

Davidson vs. Bailey papers, 9 Ds., 1851-1853

Samuel Davidson, authorization to his counsel to bring action, 1851
Surety’s pledge for costs, 1851; Summons of witness, 1853
Affidavit of witnesses on number of days spent in court (4), 1853
Notes on this case by William E. Barton, undated
Typescript of A.L.S. by Lincoln to Linder, 1853

Box 1 Folder 7

Dibblee et al. vs. Alexander et al. papers, 13 Ds., 1850-1853

Copy of a conveyance for the benefit of creditors, 1850
Copy of trust deed for the benefit of creditors, undated
Complaint (3 typescript copies), 1850
Answer of defendants (typescript copy) originally in Lincoln’s hand, undated
John W.G. Alexander, separate answer, undated
Answer of Robert Clark and Robert Reed, undated
Charles Emerson, answer in Lincoln’s hand, 1851
Refiling of complainant’s general replication, and request for default judgment against defendants not appearing, in Lincoln’s hand,1 holograph, Photostats: 1 positive, 1 negative, undated
Petition of defendants that the case be heard at next term of court, 1851
Decree, undated
Answer of Mary Chestnut and James W. Ross, in Lincoln’s hand, 1852
Deposition of Kirby Benedict (holograph and typescript copy), 1853

Box 1 Folder 8

Dibblee vs. Chestnut papers, 26 Ds., 1850-1851

Note owed to Dibblee by Chestnut, 1848
Note owed to Dibblee by Chestnut, 1848
Promissory note of payment of O.J. Chestnut et al., 1850
Surety’s, A.W.B. Ray pledge for costs, 1850
Lawyer’s noted on complaints, undated
S. Blookins, attorney for plaintiffs, complaint of plaintiffs,1850
S. Blookins, reworded compliant (typescript), 1850
Benedict & Lincoln, answer of defendants, 1851
S. Blookins, bill to set aside fraudulent conveyance, undated
Bill to set aside fraudulent conveyance till next term, undated
R.W. Townsend, opinion supporting plaintiffs, 1850
S. Jones, opinion supporting the plaintiff, 1850
Wright, Craft, & Lincoln, for the complainants, replication of petitions, denying the sufficiency of defense answers to complainant, in Lincoln’s hand with signature,1851
Petition to name widow and heirs-at-law as parties defendant, in Lincoln’s hand (holograph, Photostats: 1 positive, 1 negative, and typescript), 1850
Notarized bill for sale of property, 1850
Promissory note of James Jones et al., 1850
Writs of summons (5), 1850-51
Writs of summons not served, 1850
Surety’s, J.W. Blackburn, pledge for costs, in Lincoln’s hand, 1850
Certification of notice by publication, 1850
Court order recognizing the appearance of defendants, in Lincoln’s hand, undated Judgment for the plaintiff, undated
Note on Dibblee v. Chestnut, typescript, undated
Note on Dibblee v. Chestnut, holograph, undated

Box 1 Folder 9

Ditson vs. McMurry papers, A.D.S., 1840

Stuart & Lincoln, complaint of plaintiff, photostat positive, in Lincoln’s hand
Card, "Lincoln’s First Partnership"

Box 1 Folder 10

Droper vs. Grant papers, A.D.S., 1844

Logan & Lincoln, complaint of plaintiff, photostat positive, in Lincoln’s hand
Card, "Lincoln’s Second Partnership"

Box 1 Folder 11

Dudley vs. Hite papers, A.D.,1851

Motion for deferment of trial, holograph, in Lincoln’s hand

Box 1 Folder 12

Hunter vs. Nolan papers, 2 A.Ds., Photostat, positive, 1842

Answer of defendant, holograph in Lincoln’s hand, 2 photostats: 1 positive, 1 negative General denial by defendant, holograph in Lincoln’s hand, 2 photostats: 1 positive, 1 negative
Note on case, unsigned

Box 1 Folder 13

Ingle vs. Scott, D., [ca. 1850]

Complaint of plaintiff, unsigned

Box 1 Folder 14

Ingoldsby et al. vs. Alexander papers, 3 Ds., 1851

W.D. Griswold, attorney for plaintiff, complaint of plaintiffs
Surety’s pledge for costs
Summons of John W.S. Alexander

Box 1 Folder 15

Lilley vs. Lilley papers, 4 Ds, 1855

Harriet Lilley, bond executed by complainant to guarantee successful prosecution of her pending divorce action
Petition for divorce
Summons of defendant
Summons of witnesses
Property settlement in lieu of alimony

Box 1 Folder 16

McCutchen vs. Allen complaint, A.D.S., 1842

Logan & Lincoln, attorneys for plaintiff, complaint of plaintiff

Box 1 Folder 17

Matkin vs. Brown papers, A.D.S., 1850

Answer of respondent, original and photostats, positive
Copy of answer of respondent in typescript

Box 1 Folder 18

Mayo vs. Benson papers, D., 1851

Benedict & Constable, answer and denial of the defendant

Box 1 Folder 19

Merrow et al. vs. Ambo et al. papers, A.D.S., 1859

Lincoln, for respondent, answer of defendants, in Lincoln’s hand, original and 2 photostats:1 positive, 1 negative

Box 1 Folder 20

Neale vs. Britton papers, A.D.S., 1850

Lincoln & Hemdon, complaint of plaintiff, in Lincoln’s hand, photostat, positive

Box 1 Folder 21

Nolan vs. Hunter papers, 16 Ds., 1841

Surety’s pledge of costs; J. Halan, attorney of plaintiff, complaint of plaintiff
Summons (9)
Affidavits of witnesses on number of days in court (4)
Verdict in case

Box 1 Folder 22

Paddock vs. Snyder papers, 2 Ds., 1851-1853

W.R. McKean, affidavit of witness on number of days in court
Deposition of Rieley Mckean

Box 1 Folder 23

Reed vs. Henderson papers, 17 Ds., 1852

Promissory note of payment
Summons of witnesses (14)
Defendant’s answer
Agreement of continuance

Box 1 Folder 24

Rives vs. Martin and Booth papers, 31 Ds., 1852-1853

Kirby Benedict, attorney for plaintiff, compliant of plaintiff
Affidavit by defendant that plaintiff is unable to pay costs of suit
John A. Metcalf, surety’s pledge for costs
Defendant’s answer; H.W. Martin, motion for delay
Bill of particulars
Martin, Henry W., motion to delay, original and 2 photostats: 1 positive, 1 negative
Martin, H.W. et al., appeal bond
Harlan, J., bill of exceptions
Summons (17)
Affidavits of witnesses on number of days in court (5)
list of numerical figures

Box 1 Folder 25

Rucker vs. Early papers, D., 1840

Deposition of Peter Richard, with A.E.S. by Lincoln

Box 1 Folder 26

Shelby v. Shelby papers, A.D.S., [ca. 1840]

Lincoln, for complainant, complaint of plaintiff, photostat, positive, in Lincoln’s hand

Box 1 Folder 27

Snyder vs. Wolfe papers, A.D.S., 1851

Answer to complainant, in Lincoln’s hand, original, 2 photostats; 1 positive, 1 negative, and 1 typescript copy

Box 1 Folder 28

Sommerville vs. Bailey papers, 18 Ds., 1853

Kirby Benedict, attorney for plaintiff, complaint of plaintiff (2)
Order subpoena of witnesses
Summons (12)
David Bailey et al., agreement to submit to arbitration
James A. Miller et al., award of arbitrators
S. York, affidavit of witness on number of days in court
Notes on this case by William E. Barton

Box 1 Folder 29

Speed vs. Reeves papers, D. 3 p., 1853

E.B. Hendon, attorney of plaintiff, compliant of plaintiff

Box 1 Folder 30

Taylor v. Wright papers, A.D.S., 1843

Logan & Lincoln, for complainant, compliant of plaintiff, original, 2 photostats: 1 positive, 1 negative, 1 copy

Box 1 Folder 31

Ten Brook, Adm. vs. Guthrie papers, 8 Ds., 1851-1852

Guarantee of court costs
Writ of summons to defendant (2)
Dill, M.M., complaint of plaintiff, in Lincoln’s hand
Sutherland, J., affidavit of witness on number of days in court
Plaintiff’s answer to defense motion for delay of trial
Complaint of plaintiff; affidavit that defendant’s property was fraudulently concealed from sheriff seeking to serve a writ of execution, (typescript copy)

Box 1 Folder 32

Wolfe vs. Snyder papers, 9 Ds., 1851-1853

Pledge for costs, 2 photostats: 1 positive, 1 negative
Ephraim S. Wolfe vs. William M. Snyder, wrapper
Usher & Pattenson, letter of enclosure accompanying guarantee of costs
Usher & Pattenson, complaint
Usher, J.P., attorney of plaintiff, bill of particulars; summons of defendant
Receipt of payment from Snyder and order to withdraw the pending suit