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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 450

out according to the number of acres therein described the said Rhodes is to refund at the rate of ten Dollars per acre for all that it may fall short, and should it over run the same is to be made up at the same rates by the sd Smith
Erie Rhodes seal
6

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


witness
Jno S Fullmer

21 July 1807–8 Oct. 1883. Farmer, newsman, postmaster, teacher, merchant. Born at Huntington, Luzerne Co., Pennsylvania. Son of Peter Fullmer and Susannah Zerfass. Moved to Nashville, Davidson Co., Tennessee, spring 1832. Married Mary Ann Price, 24 May 1837...

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Know all men by these presents that I Joseph Smith 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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& 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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party of the second part of the within instrument for myself my heirs executors, & administrators assign all my right title & interest to the within instrument & by these presents
quit claim

A deed that operates without any warranty, except that no one apart from the grantor can be in possession of the title at the time of delivery.

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& convey the same to Joseph Smith as trustee in Trust of the church of Jesus christ of Latter day saints for & in consideration of a just & equitable settlement of all matters & things existing between myself in person & the church which I represent. In witness whereof I have hereunto set my hand & seal at
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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this 10th day of October AD 1841
Joseph Smith
Know all men by these presents that I Joseph Smith as Trustee in trust for for the church of Jesus christ of Latter day saints for and in consideration of the fifteen hundred dollars to me in hand paid the receipt whereof is hereby acknowledged do by these presents assign all my right title and interest to the within instrument To
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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of the city of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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including all my personal right title & interest as specified on the face of said instrument— In witness whereof I have hereto set my hand and seal this 11th day of October AD 1841 at the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
Joseph Smith
7

A hand-drawn representation of a seal immediately follows “Joseph Smith”.


Trustee in Trust for the C. J. C. L D S.
Received
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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April 2d 1842. On the within Bond Eleven hundred & Twelve dollars & fifteen cents in full for said Bond the last note mentioned within not being given up— but paid
H G Rhodes agent, for Hugh Rhodes Admr
State of Illinois)
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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)
Recorders Office 18th April 1842.
I
Chauncey Robison

27 Mar. 1805–4 Nov. 1891. Clerk, postmaster, farmer. Born in Oneida Co., New York. Son of Charles Robison and Jerusha Rebecca Kellogg. Moved to Hancock Co., Illinois, 1829. Registrar in land office in Quincy, Adams Co., Illinois. Moved to Carthage, Hancock...

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Recorder 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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do hereby certify that this instrument, with the receipts and assignment were this day duly Recorded in Book of Bonds and Mortgages Page 228 & 229.
Fee $1,12½
C. Robison

27 Mar. 1805–4 Nov. 1891. Clerk, postmaster, farmer. Born in Oneida Co., New York. Son of Charles Robison and Jerusha Rebecca Kellogg. Moved to Hancock Co., Illinois, 1829. Registrar in land office in Quincy, Adams Co., Illinois. Moved to Carthage, Hancock...

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Recorder
and afterwards to wit on this 21st day of October A D 1843. A Decree was pronounced herein which said Decree is in the words and figures following to wit
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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)
Petition for Deed Decree
vs)
Eunice [Wright] Rhodes, Orrin Rhodes, Alonzo Rhodes, Alvin Rhodes,)
William W Rhodes, Robert B Rhodes, Helen Rhodes, Joseph)
Smith and Hugh Rhodes Administrator of Erie Rhodes deceased)
This cause came on to be heard upon Bill of
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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answer of Joseph Smith and Hugh Rhodes Administrator of Erie Rhodes deceased and John [W.] Marsh Guardian ad litem to Alonzo Rhodes, Alvin Rhodes, William W Rhodes, Robert B. Rhodes, and Helen Rhodes infant defendants herein and upon Exhibits and testimony the defendants Eunice [Wright] Rhodes, and Orrin Rhodes, still failing to plead [p. 450]
View entire transcript

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Source Note

Document Transcript

Page 450

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. [6]

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

  2. [7]

    A hand-drawn representation of a seal immediately follows “Joseph Smith”.

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