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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 444

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) 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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Eunice [Wright] Rhodes et al)
Heretofore to wit, on the 31st 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 clerks office 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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his certain bill in chancery against the Defendants herein which said Bill in chancery is in the words and figures following to wit
Bill
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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)
ss. [scilicet]
In the Circuit Court for 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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To the Term of October 1843.
To the
Judge

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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of the fifth Judicial Circuit 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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sitting in and for 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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.
Your Petitioner
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 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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represents that one Erie Rhodes late of 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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, now deceased, in his lifetime on or about the sixteenth day of September in the year of our Lord eighteen hundred and forty one made his certain Bond and contract in writing and delivered the same to one Joseph Smith of 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 which said bond and contract is here set forth in these words
Know all men by these presents that I Erie Rhodes 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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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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am held and firmly bound unto 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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and State aforesaid in the penal sum of three thousand Dollars for the payment of which well and truly to be made I bind myself my heirs, executors, and administrators firmly by these presents. Now the condition of the above obligation is such that whereas the said Erie Rhodes has this day sold unto the said Joseph Smith one hundred and fifty three and one half acres of Land, at ten Dollars per acre lying and being 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 aforesaid, as follows, to wit, one hundred [p. 444]
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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
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  • David E. Head

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