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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 [451]

answer or
demur

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

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though ruled so to do herein heretofore, and was argued by counsel in consideration whereof it is ordered and decreed as follows to wit, first that the said Bill be taken for confessed as against the said Eunice Rhodes and Orrin Rhodes they having been solemnly called and came not but made default herein. Second that the said Eunice Rhodes be forever barred of all right of Dower in the premises herein after described and set forth in said Bill or petition. Third that the said defendant Hugh Rhodes as administrator of Erie Rhodes deceased within sixty days execute and deliver with covenants of warranty to the Complainant
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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a good and sufficient deed of and to the said premises described in Complainants Bill or petition, to wit The North East quarter of section Eight (8) in Township six (6) north of Range Eight (8) west of the fourth principal meridian 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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Illinois (except about thirty seven acres out of the south west corner of said quarter section and bounded as follows: Commencing at the south west corner of said quarter section; Thence East eighty (80) rods thence north seventy four (74) rods; thence west eight (80) rods; thence south seventy four (74) rods to the place of beginning) Containing one hundred and twenty nine and a half acres Also twenty four (24) acres out of the South west corner of the North west quarter of section nine (9) in Township six (6) north of range Eight (8) west of the fourth principal meridian 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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Fourth that the defendants pay the costs of this suit within sixty days and in default thereof 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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have
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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therefor
Jesse. B. Thomas

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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[p. [451]]
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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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