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Introduction to Coolidge Administrator of the Estate of JS Bill for Foreclosure, 3 October 1844 [Ivins v. E. Smith et al.] Bill for Foreclosure, 3 October 1844, Copy [Ivins v. E. Smith et al.] Praecipe, 3 October 1844 [Ivins v. E. Smith et al.] Praecipe, 3 October 1844, Copy [Ivins v. E. Smith et al.] Summons, 9 October 1844 [Ivins v. E. Smith et al.] Summons, 9 October 1844, Copy [Ivins v. E. Smith et al.] Docket Entry, Appointment of Guardian ad Litem, 23 October 1844 [Ivins v. E. Smith et al.] Answer, 25 October 1844 [Ivins v. E. Smith et al.] Answer, 25 October 1844, Copy [Ivins v. E. Smith et al.] Docket Entry, Answer and Failure to Appear, 25 October 1844 [Ivins v. E. Smith et al.] Report, circa 25 October 1844 [Ivins v. E. Smith et al.] Report, circa 25 October 1844, Copy [Ivins v. E. Smith et al.] Decree, 26 October 1844 [Ivins v. E. Smith et al.] Decree, 26 October 1844, Copy [Ivins v. E. Smith et al.] Docket Entry, Copied Documents, 26 October 1844 [Ivins v. E. Smith et al.] Interlocutory Report, 19 May 1845 [Ivins v. E. Smith et al.] Docket Entry, Interlocutory Report, 22 May 1845 [Ivins v. E. Smith et al.] Final Decree, 26 May 1845 [Ivins v. E. Smith et al.] Final Decree, 26 May 1845, Copy [Ivins v. E. Smith et al.] Notice, 23 June 1845 [Ivins v. E. Smith et al.] Certificate of Purchase, 16 August 1845 [Ivins v. E. Smith et al.] Certificate of Purchase, 16 August 1845, Copy [Ivins v. E. Smith et al.] Final Report and Decree, circa 20 October 1845 [Ivins v. E. Smith et al.] Final Report and Decree, circa 20 October 1845, Copy [Ivins v. E. Smith et al.] Certification, between 23 July and circa 20 October 1845 [Ivins v. E. Smith et al.] Docket Entry, Final Report and Decree, 21 October 1845 [Ivins v. E. Smith et al.] Docket Entry, circa 21 October 1845 [Ivins v. E. Smith et al.] Case File Wrapper, circa October 1845 [Ivins v. E. Smith et al.] Deed, 1 April 1847 [Ivins v. E. Smith et al.]

Bill for Foreclosure, 3 October 1844, Copy [Ivins v. E. Smith et al.]

Source Note

Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

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and
William A. Richardson

16 Jan. 1811–27 Dec. 1875. Schoolteacher, lawyer, politician. Born near Lexington, Fayette Co., Kentucky. Son of James L. Richardson and Mary Edmonson. Attended Walnut Hills Seminary, Centre College, and Transylvania University, in Kentucky. Admitted to bar...

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on behalf of
James Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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, Bill for Foreclosure, to Judge of
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Circuit Court in Chancery [
Jesse B. Thomas

31 July 1806–20 Feb. 1850. Lawyer, judge. Born in Lebanon, Warren Co., Ohio. Son of Richard Simmons Thomas and Florence Pattie. Attended Transylvania University, in Lexington, Fayette Co., Kentucky. Moved to Edwardsville, Madison Co., Illinois, before 1830...

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],
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, [3] Oct. 1844, Ivins v. E. Smith et al. (Hancock Co., IL, Circuit Court, in Chancery 1845). Copied [26 Oct. 1844] in Docket Entry, Copied Documents, Hancock County Circuit Court, Chancery Record, vol. B, pp. 166–167; handwriting of
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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; Hancock County Courthouse, Carthage, IL; microfilm at FHL.

Historical Introduction

See Introduction to Coolidge Administrator of the Estate of JS.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Bill for Foreclosure, 3 October 1844 [ Ivins v. E. Smith et al. ]
Bill for Foreclosure, 3 October 1844, Copy [ Ivins v. E. Smith et al. ]
Docket Entry, Copied Documents, 26 October 1844 [ Ivins v. E. Smith et al. ]

Page 166

State of Illinois) In the
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court October Term 1844. In
chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

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Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
)
To the Honorable
Judge

31 July 1806–20 Feb. 1850. Lawyer, judge. Born in Lebanon, Warren Co., Ohio. Son of Richard Simmons Thomas and Florence Pattie. Attended Transylvania University, in Lexington, Fayette Co., Kentucky. Moved to Edwardsville, Madison Co., Illinois, before 1830...

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of said Court in chancery sitting Your orator
James Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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of the County of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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respectfully represents that one
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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of said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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being seized in fee simple of the following described Land to wit, situated in the County of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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and state of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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beginning at a Post on the east and west centre line of section five (5) in Township six (6) North of Range Eight (8) west from which a black oak 20 S. E. 3¾° W 19d. a Hickory 15 in diameter bears north 56½° E. 30 links: Thence S 89° 35 min E along said line 24. 63 chains to a post at NE corner of said qr section from which a burr oak 14 in diameter bears north ¼° E. 151 links distant: thence S 0° 40 min N 40. 54 chains to a post in a mound at 1/4 section corner between section 5 & 8: thence north 89½° West along section line 24. 63 chains to a stake <​stone​>: thence North 0° 40 in West to said place of beginning containing one hundred acres more or less, on the East side of said quarter section, did on or about the twentieth day of June AD 1841. sell and convey the same by deed to one Joseph Smith of said County of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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for the sum of fifteen hundred Dollars: and that said Joseph Smith to secure the payment of said consideration money, the same being on a credit of one, two & three years, then about that time to wit, on the 20th day of June 1841. executed and delivered to the said
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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a writing intended to be a mortgage on said premises; that, it was a part of the bargain and understanding between the parties, said Smith and
Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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, that said mortgage should be given, that the same writing was duly made out and signed, and afterwards on the 3d. day of July 1841. acknowledged as a mortgage before
E[benezer] Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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a Justice of the Peace of said
County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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and duly on the 14th day of August 1841. filed for Record in the recorders Office of said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
but, your orator would state that by accident and mistake the said Joseph Smith did not affix his seal to said writing intended for a mortgage, yet it was the intention of all parties to make a good and sufficient mortgage in said premises and that there is in said mortgage an error occurring by mistake and accident in the description in said mortgage of said premises in the omission of one line of boundry of the same, to wit, the third line thereof, and which said mistake was not discovered until about the time of the filing of this bill, all of which will more fully appear from said deed and mortgage a copy or the original of which your orator will duly file in this court for examination &c. Your orator further states that said
John Eagle

19 Jan. 1805–ca. 1854. Grocer, laborer. Born in Alexandria, Huntingdon Co., Pennsylvania. Son of John Eagle and Catharine Spence. Moved to Porter, Huntingdon Co., by 1820. Married Susannah Whitelock, 4 Dec. 1827, in Licking Co., Ohio. Moved to Illinois, by...

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for a valuable consideration paid by your orator to him, on the 29th day of [p. 166]
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Page 166

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Related Case Documents
Editorial Title
Bill for Foreclosure, 3 October 1844, Copy [Ivins v. E. Smith et al.]
ID #
20345
Total Pages
2
Print Volume Location
Handwriting on This Page
  • David E. Head

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