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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.]

Docket Entry, Copied Documents, 26 October 1844 [Ivins v. E. Smith et al.]

Source Note

Docket Entry, Copied Documents, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Hancock Co., IL], 26 Oct. 1844, Ivins v. E. Smith et al. (Hancock Co., IL, Circuit Court, in Chancery 1845); Hancock County Circuit Court, Chancery Record, vol. B, pp. 166–169; 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. ] Decree, 26 October 1844 [ Ivins v. E. Smith et al. ] Decree, 26 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. ] Answer, 25 October 1844 [ Ivins v. E. Smith et al. ] Answer, 25 October 1844, Copy [ 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. ]
Docket Entry, Copied Documents, 26 October 1844 [ Ivins v. E. Smith et al. ]

Page 166

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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)
vs) Bill to foreclose Mortgage
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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,
Joseph Smith Jr

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

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,)
Alexander Smith

2 June 1838–12 Aug. 1909. Photographer, carpenter, postmaster, minister. Born at Far West, Caldwell Co., Missouri. Son of JS and Emma Hale. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1839. Married Elizabeth Agnes Kendall, 23 June 1861, at Nauvoo...

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,
Frederick Smith

20 June 1836–13 Apr. 1862. Farmer, merchant. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Married Anna Marie Jones, 13 Sept. 1857, in Hancock Co., Illinois. Died in Nauvoo, Hancock Co.

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,)
and
Joseph W Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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Administrator)
of the Estate of Joseph Smith dec’d)
Heretofore to wit, on the Ninth day of October in the year of our Lord one thousand Eight hundred and forty four the
complainant

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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by his Solicitor pled in the clerks Office of the circuit court of
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 ...

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his bill 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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together with a
precipe

“The written instructions given by an attorney or plaintiff to the clerk or prothonotary of a court, whose duty it is to make out the writ.”

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for summons in Chancery herein which said bill and precipe are in the words and figures following to wit
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 ...

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Circuit Court October Term 1844. In chancery
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 ...

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)
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 ...

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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
Docket Entry, Copied Documents, 26 October 1844 [Ivins v. E. Smith et al.]
ID #
20035
Total Pages
4
Print Volume Location
Handwriting on This Page
  • David E. Head

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