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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...

More Info
, 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 167

January 1842 duly in writing on the back of said mortgage assigned said and transfered the said mortgage and debt and all his interest therein to your orator and that the same is now held by him, that said Joseph Smith has paid a portion of the <​said​> money secured and intended to be secured by said mortgage and that there is now due of principal and interest on the same to your orator the sum of four hundred & fifty Dollars (or thereabouts) the said Joseph Smith on or about the 20th day of June 1844, died intestate leaving
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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his widow and children heirs surviving, and who are minors
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...

View Full Bio
,
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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, that
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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is administrator of said Joseph Smith. Your orator therefore prays that the writ of subpoena may issue against the said
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...

View Full Bio
,
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 ...

View Full Bio
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...

View Full Bio
, &
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.

View Full Bio
, 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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, that they may answer all and singular the allegations hereof and that on the final hearing of this cause your Honor will decree the said writing established a mortgage-deed and decree correction of the said errors of the same and that the equity of redemption in said premises <​be foreclosed​> and that an account may be taken of what is due your orator on the same of principal and interest and that the said premises may be sold and the proceeds thereof applied to the satisfaction of the same and for such other relief both general and special, your orator being remediless by the rules of the Common Law, as may be consistent with the rules of equity &c
By
[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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&
[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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his Sol[icito]rs
Precipe
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) 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...

View Glossary
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...

View Full Bio
,
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 ...

View Full Bio
)
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...

View Full Bio
,
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.

View Full Bio
,)
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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, Adm[inistrato]r of Joseph Smith)
The
clerk

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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of said court will issue subpoena in the above case &c returnable at the next Term of said Court.
Oct 3d. 1844.
[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...

View Full Bio
&
[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...

View Full Bio
Sol[icito]rs for
Compl[ainan]t

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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And afterwards to wit, on the said Ninth day of October in the year of our Lord One thousand Eight hundred and forty four a summons was issued herein which said summons is in the words and figures following to wit:—
Summons
State of Illinois) Sc[ilice]t.
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
)
The People of the 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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To the
Sheriff

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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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 ...

More Info
Greeting
We command you to summon
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...

View Full Bio
,
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 ...

View Full Bio
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...

View Full Bio
,
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.

View Full Bio
, 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...

View Full Bio
Adm[inistrato]r of Joseph Smith if to be found in your
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
, personally to be and appear before the circuit court 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
, on the first day of the next term thereof, to be holden at the Court House in
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...

More Info
on the third Monday in the month of October inst to answer to a bill of complaint, filed in our said Circuit Court on the Chancery side thereof, against them by
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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. And have you then there this writ, and make return thereon, in what manner you execute the same
LS
1

TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.


Witness
J[acob] B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
clerk of our said circuit Court, at
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...

More Info
this ninth day of October in the year of our Lord one thousand Eight hundred and forty four
J. B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
clerk By
D[avid] 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...

View Full Bio
Depy [p. 167]
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Source Note

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Page 167

Document Information

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

Footnotes

  1. [1]

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.

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