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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.]

Bill in Chancery, circa 31 July 1843 [Clayton v. E. W. Rhodes et al.]

Source Note

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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and
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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on behalf 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...

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, Bill in Chancery,
Hancock Co.

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
, IL, [ca. 31 July 1843], Clayton v. E. W. Rhodes et al. (Hancock Co., IL, Circuit Court, in Chancery 1843); handwriting of
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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; docket 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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, [
Hancock Co.

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
, IL, ca. 31 July 1843]; notation by
Jacob 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...

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, [
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], 31 July 1843; notation by unidentified scribe, [ca. 31 July 1843]; four pages; Hancock County Courthouse, Carthage, IL. Includes seals.

Historical Introduction

See Introduction to Clayton v. E. W. Rhodes et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. 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. ] Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [ Clayton v. E. W. Rhodes et al. ]

Page [2]

hundred dollars payable on the first day of November next, and the remainder of five hundred and thirty five dollars on the first day of May next; all bearing interest <​interest​> from the date hereof as expressed on in the several notes given. Now if the said Joseph Smith, his heirs, executors or administrators shall well and truly pay or cause to be paid the amount of said notes with such interest as may accrue thereon, according to the tenor and effect thereof, the said Erie Rhodes binds himself, his heirs and executors and administrators to make or cause to be made to the said Joseph Smith his heirs and assigns a good and sufficient warranty for the above described land;— and then this Bond to become null and void. Otherwise to be and remain in full force and value. Given under my hand and seal this Sixteenth day of September in the year of our Lord one thousand eight hundred and forty one
Erie Rhoades LS
1

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


In presence of
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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P S It is the express understanding that should the within bond not hold out according to the number of acres thereon 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 overrun, the same is to be made up at the same rates by the sd Smith
Erie Rhoades seal
2

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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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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States that the said one hundred and twenty nine and a half of the North East quarter of section Eight in Township Six north Range Eight West of the principal meridian in said Bond mentioned was, at the time of making said Bond understood and intended to be the said North East quarter of section Eight, except about <​in Township Six​> North Range Eight 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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, 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 Eighty rods East, thence Seventy four rods North thence Eighty rods West, thence seventy four rods South to the place of beginning.
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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further States that all of said land lies 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 ...

More Info
and that the whole consideratio [p. [2]]
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Source Note

Document Transcript

Page [2]

Document Information

Related Case Documents
Editorial Title
Bill in Chancery, circa 31 July 1843 [Clayton v. E. W. Rhodes et al.]
ID #
15108
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Onias Skinner

Footnotes

  1. [1]

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

  2. [2]

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

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