Litigation seems to have been a constant and conspicuous feature of Brown's commercial life. Mr. Villard says[38] that "on the records of the Portage County Court of Common Pleas are no less than twenty-one lawsuits in which John Brown figured as defendant during the years 1820 to 1845. Of these, thirteen were actions brought to recover money loaned on promissory notes either to Brown singly or in company with others. The remaining suits were mostly claims for wages, or payments due, or for nonfulfillment of contracts.... In ten other cases he was successfully sued and judgments were obtained against him individually or jointly with others. In three cases those who sued him were non-suited as being without real cause for action, and two other cases were settled out of court. Four cases Brown won, among them being a suit for damages for false arrest and assault and battery, brought by an alleged horse thief, because Brown, and other citizens, had aided a constable in arresting him. A number of these suits grew out of Brown's failure in his real estate speculations. A serious litigation was an action brought by the Bank of Wooster to recover on a Bill of Exchange, drawn by Brown and others, on the Leather Manufacturers Bank of New York, and repudiated by that institution on the ground that Brown and his associates had no money in the bank. During the suit the amount claimed was rapidly reduced, and when the judgment was rendered against him it was for $917.65.... In 1845 Daniel C. Gaylord, who several times had sued Brown, succeeded in compelling him and his associates to convey to him certain Franklin lands, which they had contracted to sell, but the title for which they refused to convey. The court upheld Gaylord's claim. The only case in which Brown figured as plaintiff was settled out of court." This is consistently a bad record.
The year 1854 brought the settlement of Kansas to the front and the wrecked and practically penniless Browns decided to emigrate to the new Territory. Not with the "ax and gun" went they, as will be seen, but with the ax, and with the hope of bettering their condition. The necessity for the gun was developed later--in 1855--and by the Free-State men who had preceded the Browns into the Territory.