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Introduction to Clayton v. E. W. Rhodes et al. Bond from Erie Rhodes, 16 September 1841 Promissory Note to Erie Rhodes, 16 September 1841–C Assignment to JS as Trustee-in-Trust, between 2 and 18 April 1842 Assignment to William Clayton, 1 June 1843 Praecipe, 25 July 1843 [Clayton v. E. W. Rhodes et al.] Praecipe, 25 July 1843, Copy [Clayton v. E. W. Rhodes et al.] Bill in Chancery, circa 31 July 1843 [Clayton v. E. W. Rhodes et al.] Bill in Chancery, circa 31 July 1843, Copy [Clayton v. E. W. Rhodes et al.] Summons, 1 August 1843–A [Clayton v. E. W. Rhodes et al.] Summons, 1 August 1843–A, Copy [Clayton v. E. W. Rhodes et al.] Summons, 1 August 1843–B [Clayton v. E. W. Rhodes et al.] Answer, between 29 September and 4 October 1843 [Clayton v. E. W. Rhodes et al.] Answer, between 29 September and 4 October 1843, Copy [Clayton v. E. W. Rhodes et al.] Answer, 11 October 1843 [Clayton v. E. W. Rhodes et al.] Answer, 11 October 1843, Copy [Clayton v. E. W. Rhodes et al.] Docket Entry, Motion, 16 October 1843 [Clayton v. E. W. Rhodes et al.] Answer, 17 October 1843 [Clayton v. E. W. Rhodes et al.] Answer, 17 October 1843, Copy [Clayton v. E. W. Rhodes et al.] Docket Entry, Motions, 18 October 1843 [Clayton v. E. W. Rhodes et al.] Docket Entry, Answer Filed, 20 October 1843 [Clayton v. E. W. Rhodes et al.] Decree, 21 October 1843 [Clayton v. E. W. Rhodes et al.] Decree, 21 October 1843, Copy [Clayton v. E. W. Rhodes et al.] Case File Wrapper, circa October 1843 [Clayton v. E. W. Rhodes et al.] Receipt, 20 January 1844 [Clayton v. E. W. Rhodes et al.] Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.] Fee Bill, 7 May 1844 [Clayton v. E. W. Rhodes et al.]

Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.]

Source Note

Transcript of Proceedings, [
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, between 21 Oct. 1843 and 6 Feb. 1844], Clayton v. E. W. Rhodes et al. (Hancock Co., IL, Circuit Court, 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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1843); Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, pp. 444–451; 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 Clayton v. E. W. Rhodes et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.] Summons, 1 August 1843–A [ Clayton v. E. W. Rhodes et al. ] Summons, 1 August 1843–A, Copy [ Clayton v. E. W. Rhodes et al. ] Summons, 1 August 1843–B [ Clayton v. E. W. Rhodes et al. ] Praecipe, 25 July 1843 [ Clayton v. E. W. Rhodes et al. ] Praecipe, 25 July 1843, Copy [ Clayton v. E. W. Rhodes et al. ] Decree, 21 October 1843 [ Clayton v. E. W. Rhodes et al. ] Decree, 21 October 1843, Copy [ Clayton v. E. W. Rhodes et al. ] Bill in Chancery, circa 31 July 1843 [ Clayton v. E. W. Rhodes et al. ] Answer, 11 October 1843 [ Clayton v. E. W. Rhodes et al. ] Answer, 11 October 1843, Copy [ Clayton v. E. W. Rhodes et al. ] Answer, 17 October 1843 [ Clayton v. E. W. Rhodes et al. ] Answer, 17 October 1843, Copy [ Clayton v. E. W. Rhodes et al. ] Answer, between 29 September and 4 October 1843 [ Clayton v. E. W. Rhodes et al. ] Answer, between 29 September and 4 October 1843, Copy [ Clayton v. E. W. Rhodes et al. ] Bond from Erie Rhodes, 16 September 1841, as Recorded in Chancery Court Records–A Bond from Erie Rhodes, 16 September 1841 Bond from Erie Rhodes, 16 September 1841, as Recorded in Bonds and Mortgages Bill in Chancery, circa 31 July 1843, Copy [ Clayton v. E. W. Rhodes et al. ] Bond from Erie Rhodes, 16 September 1841, as Recorded in Chancery Court Records–B Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [ Clayton v. E. W. Rhodes et al. ]

Page 446

in said Bond according to the tenor & effect thereof to wit, on or about the— day of [blank] A D 1842, leaving Eunice [Wright] Rhodes his widow relict, and Orrin Rhodes who is of lawful age and Alonzo Rhodes, William W. Rhodes, Robert B Rhodes Helen Rhodes, and Alvin Rhodes who are minors under the age of twenty one years his children and heirs at law him surviving his legal representatives and all of whom reside in the 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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, and your
petitioner

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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would further state that one Hugh Rhodes, who now resides in Knox county Illinois, is lawful administrator of the said Erie Rhodes deceased having duly taken out letters of administration in the proper Court of Probate, on the estate of the said Erie Rhodes deceased, and taken upon himself the burden of the administration thereof. Your
petitioner

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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would further represent that the said Eunice Rhodes widow of the said Erie Rhodes decd at the October term of this Court 1842 filed her certain petition praying for assignment of her dower in the real Estate of which her late husband Erie Rhodes died seized and that such proceedings were had in said suit or petition that at the May term of this court 1843, by final decree of said court The South East quarter of Section 17, T 6 N, R. 8 west and forty eight acres off of the east side of south East qr. of section 18, T 6 N. 18 west 4th principal meridian in 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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, were set off and assigned to the said Eunice and the same by said Decree vested in the said Eunice for her dower in the real estate of the said Erie and of which said Erie died seized. Your
petitioner

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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therefore prays that the writ of subpoena issue against the said Eunice Rhodes widow as aforesaid and against the aforesaid heirs at law of the said Erie and the said Hugh Rhodes as administrator as aforesaid and the said Joseph Smith and that they be compelled to answer all and singular the allegations of this petition and that on the final hearing of this petition your Honor order adjudge and decree the said Eunice Rhodes barred of all right of dower in and to the said Lands mentioned in said bond and that your Honor decree that the said Hugh Rhodes administrator as aforesaid and the lawful administrator of said Erie Rhodes decd make, execute, and delivre to the said
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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your petitioner a sufficient lawful Deed for the lands mentioned in said Bond according to the true intent and meaning of said Bond. And your
petitioner

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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having no adequate remedy at law prays for such other and further relief both general and special in the premises as is consistent with the equity power of your Honor, as in duty bound he will every pray &c
By
Backman [George Bachman]

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

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&
[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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his solicitors
afterwards to wit on the said thirty first day of July A D 1843, the
complainant

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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by his solicitor filed in 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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s office of 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 ...

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his
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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which said precipe is in the words and figures following to wit.
Precipe
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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)
vs)
Eunice [Wright] Rhodes et al)
Issue Subpoena for Eunice Rhodes, Orrin Rhodes, Alonzo Rhodes, Alvin Rhodes William W Rhodes, Joseph Smith, Robert B Rhodes and Helen Rhodes,
Sheriff

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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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 ...

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. also for Hugh Rhodes as Administrator of Erie Rhodes dec’d directed to the Sheriff of Knox County Illinois returnable at the October Term.
To 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 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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Illinois
July 25th 1843.
Backman [George Bachman]

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

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&
[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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Sol. for
petitioner

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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On the filing of the above precipe the following summons’s were issued herein to wit, [p. 446]
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Source Note

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Page 446

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.]
ID #
10417
Total Pages
8
Print Volume Location
Handwriting on This Page
  • David E. Head

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