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ASSOCIATE JUSTICE DAVID D. DAVIS - AUTOGRAPH DOCUMENT SIGNED 08/05/1863 - HFSID 76219

His handwritten verdict in a civil case from the Eighth Circuit Court of Illinois, circa 1860, on which he has signed an autograph note in 1863. This appears to have been unfinished business when Davis left the Illinois bench, elevated by his friend Abe Lincoln to the US Supreme Court.

Sale Price $552.50

Reg. $650.00

Condition: fine condition
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DAVID DAVIS
His handwritten verdict in a civil case from the Eighth Circuit Court of Illinois, circa 1860, on which he has signed an autograph note in 1863. This appears to have been unfinished business when Davis left the Illinois bench, elevated by his friend Abe Lincoln to the US Supreme Court.
Autograph Document signed: "David Davis", 4 pages (front and verso) integral leaf, 5x8. Vermilion (Illinois) Circuit Court, dating from the period 1848-1862, but signed by Davis at a later date, 1863 August 5.Davis' handwritten decision in the case of John Y. Ireland vsThomas I. Hilliard (A replevin case). In full: "This case having been submitted to the Court by agreement for trial, without the intervention of a Jury, at a previous term, and without having heard the evidence, and arguments of counsel, took the cause under advisement. And now at this day, the Court having sufficiently considered the cause is of the opinion that the property held by Ireland in mortgage, not having been delivered up to him by Shirk, and being in the possession of Shirk by the terms of the mortgage was rightfully levied on by the said Defendant. The Plaintiff in the attachment had a right to sell Shirk's interest, whatever it was in the mortgage property. The property being now in the possession of Ireland and having now a right to its possession by the terms of the mortgage, under the evidence in the case, it is considered by the Court that a writ for the return of the property be not awarded. It is further considered by the Court that the Defendant recover of the Plaintiff the costs and charges by his defense in this behalf in that exertion issue therefore." Autograph note signed on verso: "Hon O. L. Davis will please have this order entered. I believe that I have no other suspended papers belonging to Vermilion. Truly" [signature]. David Davis(1815-1866) was Judge of the 8th Illinois Circuit Court from 1848 to 1862. From this bench he heard many cases pleaded by Abraham Lincoln, a personal friend from when both rode the circuit as lawyers. (They were also fellow Whig politicians.) Lincoln was counsel in 210 cases in the Vermilion County Courthouse (Danville, Illinois), beginning in 1841, most of them civil cases like this one. There is no indication that Lincoln was involved in the case decided here by Davis. While in Danville, Lincoln and Davis stayed at the same inn, and were known to swap stories and jokes until late into the night. Davis managed Lincoln's Presidential campaign in 1860, and was appointed by Lincoln to the US Supreme Court in 1862. Davis served until 1877, resigning to accept an Illinois seat in the US Senate. This case, a "replevin" (request for recovery of unlawfully withheld property), must have been left pending when Davis left Illinois for his Supreme Court posting. Davis notes that he has "no other suspended papers belonging to Vermilion." Davis was the third of Lincoln's five Supreme Court appointments.Vertical center fold crease - notched at top edge with a 1" wear slit. Soiled and lightly toned at edges. Minor show through, front to verso. Random ink smudges on Page 4. Otherwise, fine condition.

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