Manuscript/Mixed Material Motion in Cooper v. Crosby & Robbins, [Law papers].

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About this Item

Title
Motion in Cooper v. Crosby & Robbins, [Law papers].
Contributor Names
Lincoln, Abraham (Author)
Created / Published
Sangamon County, Illinois, November 14, 1846
Subject Headings
-  Lincoln, Abraham, 1809-1865
-  Lincoln's law practice
-  Cooper, Hugh K. (Lincoln's law practice)
-  Crosby, Israel W. (Lincoln's law practice)
-  Robbins, Silas W. (Lincoln's law practice)
-  Manuscripts
-  Legal case and case notes
-  United States -- Illinois -- Sangamon
Genre
Manuscripts
Legal case and case notes
Notes
-  Appears to be in Lincoln's hand.
-  Summary: In 1843, Crosby gave Cooper a promissory note for $450 and secured the note with a mortgage on thirteen lots in Springfield, Illinois. Crosby also conveyed his equity of redemption to Robbins. After Crosby failed to pay the note, Cooper retained Lincoln and Herndon and sued to foreclose the mortgage. Robbins was made a defendant in the case. The court ruled for Cooper, awarded $608, and ordered that the lots be sold to pay the judgment. Cooper purchased the lots for $269.50 but later motioned the court to set aside the sale. Cooper claimed that he misunderstood Lincoln's bidding instructions and now feared that Robbins would redeem the property for $269.50. The court overruled the motion, and Cooper appealed to the Illinois Supreme Court on the grounds that the court erred in not setting aside the sale. The supreme court affirmed the judgment, and Justice Purple wrote that another sale could occur only if there had been "injurious mistake, misrepresentation or fraud." None occurred in the case, and Lincoln's instructions had been "plain and simple." The court feared that reopening the sale would create an "unsafe and dangerous precedent" that might lead land speculators at auctions to buy below market value and, if the land was about to be redeemed, plead ignorance of the law to the court and ask for another sale so that they might bid a larger sum like Cooper tried to do. Lincoln and Herndon received $10 for their legal services.
Medium
20 x 16 cm.
Call Number/Physical Location
Law Papers; Portfolio 1, no. 56
Source Collection
The Alfred Whital Stern Collection of Lincolniana
Repository
Rare Book And Special Collections Division
Digital Id
http://hdl.loc.gov/loc.rbc/lprbscsm.scsm1428
Online Format
online text
image
pdf

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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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Chicago citation style:

Lincoln, Abraham. [Motion in Cooper v. Crosby & Robbins, Law papers]. Sangamon County, Illinois, 1846. Manuscript/Mixed Material. Retrieved from the Library of Congress, https://www.loc.gov/item/scsm001428/. (Accessed May 26, 2017.)

APA citation style:

Lincoln, A. (1846) [Motion in Cooper v. Crosby & Robbins, Law papers]. Sangamon County, Illinois. [Manuscript/Mixed Material] Retrieved from the Library of Congress, https://www.loc.gov/item/scsm001428/.

MLA citation style:

Lincoln, Abraham. [Motion in Cooper v. Crosby & Robbins, Law papers]. Sangamon County, Illinois, 1846. Manuscript/Mixed Material. Retrieved from the Library of Congress, <https://www.loc.gov/item/scsm001428/>.