Bill for Foreclosure, 3 October 1844, Copy [Ivins v. E. Smith et al.]
Bill for Foreclosure, 3 October 1844, Copy [Ivins v. E. Smith et al.]
Source Note
Source Note
and on behalf of , Bill for Foreclosure, to Judge of Circuit Court in Chancery [], , IL, [3] Oct. 1844, Ivins v. E. Smith et al. (Hancock Co., IL, Circuit Court, in Chancery 1845). Copied [26 Oct. 1844] in Docket Entry, Copied Documents, Hancock County Circuit Court, Chancery Record, vol. B, pp. 166–167; handwriting of ; Hancock County Courthouse, Carthage, IL; microfilm at FHL.
Historical Introduction
Historical Introduction
January 1842 duly in writing on the back of said mortgage assigned said and transfered the said mortgage and debt and all his interest therein to your orator and that the same is now held by him, that said Joseph Smith has paid a portion of the <said> money secured and intended to be secured by said mortgage and that there is now due of principal and interest on the same to your orator the sum of four hundred & fifty Dollars (or thereabouts) the said Joseph Smith on or about the 20th day of June 1844, died intestate leaving his widow and children heirs surviving, and who are minors , , that is administrator of said Joseph Smith. Your orator therefore prays that the writ of subpoena may issue against the said , , & , and , that they may answer all and singular the allegations hereof and that on the final hearing of this cause your Honor will decree the said writing established a mortgage-deed and decree correction of the said errors of the same and that the equity of redemption in said premises <be foreclosed> and that an account may be taken of what is due your orator on the same of principal and interest and that the said premises may be sold and the proceeds thereof applied to the satisfaction of the same and for such other relief both general and special, your orator being remediless by the rules of the Common Law, as may be consistent with the rules of equity &c
By & his Sol[icito]rs [p. 167]
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Source Note
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