The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
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...

More Info
, 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...

View Glossary
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...

View Full Bio
; 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 [447]

Summons
State of Illinois) Sct [scilicet]
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...

More Info
To the
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...

View Full Bio
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 Eunice [Wright] Rhodes, Orrin Rhodes Alonzo Rhodes, Alvin Rhodes, William W Rhodes Robert B Rhodes, Helen Rhodes and 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 of 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 AD 1843 to answer to a certain bill of complaint filed in our said circuit court on the
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
side thereof against them and Hugh Rhodes as administrator of Erie Rhodes deceased by
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...

View Full Bio
And have you then there this writ and make return thereon in what manner you execute the same
Seal
3

TEXT: “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 first day of August in the year of our Lord one thousand Eight hundred and forty three
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
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...

View Full Bio
Depy
Shff

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...

View Full Bio
s Return
I have served the within summons by delivering a copy to each of the within named persons to wit: Eunice Rhodes, Alonzo Rhodes, Alvin Rhodes, William W Rhodes, Robert B Rhodes, Helen Rhodes, Joseph Smith, August 10 1843. served Orrin Rhodes August 15 AD 1843.
Wm Backenstos

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...

View Full Bio
Shff
H. C.

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
Summons
State of Illinois) Sct [scilicet]
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...

More Info
To the sheriff of Knox County Greeting
We command you to summon Hugh Rhodes as administrator of Erie Rhodes deceased if to be found in your County personally to be and appear before the Circuit Court of said county 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 A D 1843, to answer to a bill of complaint filed in our said circuit court on the
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
side thereof against him and Eunice [Wright] Rhodes and others by
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...

View Full Bio
. And have you then there this writ and make return thereon in what manner you execute the same
Seal
4

TEXT: “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 first day of August in the year of our Lord one thousand Eight hundred and forty three
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
Shffs Return
I have served the within Summons by delivering a copy to the wife of the within named Hugh Rhodes this 13th day of Sept 1843.
Peter Frans. Sheriff K. C. Ill
and afterwards to wit on the 11th day of October A D 1843. the answer of Hugh Rhodes Administrator as aforesaid was filed herein which said answer is in the words and figures following to wit—
Answer
State of Illinois) ss. [scilicet]
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
)
Hancock Circuit Court
Oct Term A D 1843.
The separate answer of Hugh Rhodes Administrator of Erie Rhodes dec’d one of the Respondents to the bill or petition of
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...

View Full Bio
complainant— And now comes the said Hugh Rhodes Admr &c and for answer to the said petition of 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...

View Full Bio
says that it is true [p. [447]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [447]

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

Footnotes

  1. [3]

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.

  2. [4]

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06