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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.] Bill in Chancery, circa 31 July 1843 [Clayton v. E. W. Rhodes et al.] Summons, 1 August 1843–A [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, 11 October 1843 [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.] 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.] Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.]

Answer, between 29 September and 4 October 1843 [Clayton v. E. W. Rhodes et al.]

Source Note

JS, Answer, before
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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, [
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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], Hancock Co., IL, [between 29 Sept. and 4 Oct. 1843], 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). Featured version copied [between 21 Oct. 1843 and 6 Feb. 1844] in Transcript of Proceedings, Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 448; 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. Answer, between 29 September and 4 October 1843 [ 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 448

Answer,
State of Illinois) ss.
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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)
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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Circuit Court
The separate answer of Joseph Smith one of the defendants to the Bill 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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Complainant— The said Joseph Smith now comes and for answer to the Bill 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...

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says that, it is true he duly assigned the Bond from Erie Rhodes to him mentioned in
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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s bill to 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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as alleged in
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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s bill and it is true that the payments for the land in said bond described were made in full for said land as alleged in
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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s Bill and as set forth and endorsed on the said bond, the last payment being made in full to one H J Rhodes an agent for one Hugh Rhodes as endorsed on said Bond— That the said Bond was executed by the said Erie Rhodes in his lifetime and that the several endorsements and assignments on said Bond are correct as deponent verily believes. And now having answered the 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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the said Joseph Smith prays to be hence dismissed with his Costs &c
The
I Joseph Smith being duly sworn say that the several matters and things set forth in the foregoing answer as of my own knowledge are true— and that the other several matters and things therein set forth as from the information of others and belief I believe to be true
Joseph Smith
Sworn to and subscribed before me 29th day of September 1843.
W[illiam] W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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acting Justice of the Peace [p. 448]
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Source Note

Document Transcript

Page 448

Document Information

Related Case Documents

Clayton v. E. W. Rhodes et al., Hancock Co., IL, Circuit Court, in Chancery, 21 October 1843

Editorial Title
Answer, between 29 September and 4 October 1843 [Clayton v. E. W. Rhodes et al.]
ID #
4145
Total Pages
1
Print Volume Location
JSP, D13:146–151
Handwriting on This Page
  • David E. Head

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