Bill for Foreclosure, 3 October 1844 [Ivins v. E. Smith et al.]
and on behalf of , Bill for Foreclosure, to Judge of Circuit Court in Chancery , , IL,  Oct. 1844, Ivins v. E. Smith et al. (Hancock Co., IL, Circuit Court, in Chancery 1845); handwriting of ; docket by , [, IL, 3 Oct. 1844]; notation by , [, Hancock Co., IL], 9 Oct. 1844; notation by unidentified scribe, [ca. 9 Oct. 1844]; four pages; Hancock County Courthouse, Carthage, IL.
Smith to secure the payment of said consideration money, the same being on a credit of one, two, & three years then, or about that time, to wit, on the 20th day of June 1841, executed and delivered to the said a writing intended to be a mortgage on said premises; that, it was a part of the bargain and understanding between the parties, said Smith and , that said Mortgage should be given that the same writing was duly made out and signed and afterwards on the 3d day of July 1841. acknowledged as a mortgage before a Justice of the Peace of said and duly on the 14th day of August 1841. filed for Record in the Recorder’s office of said but, your orator would state that by accident and mistake the said Joseph Smith did not affix his seal to said writing intended for a Mortgage yet, it was the intention of all parties to make a good and sufficient Mortgage on said premi[s]es and that there is in said Mortgage an error occurring by mistake and accident in the description in said Mortgage of said premises in the omission of of one line of boundary of the same, to wit, the third line thereof <and which said mistakes were not discerned until about the time of the filing of this Bill> all of which will more fully appear from said deed and mortgage a Copy or the originals of which your orator will duly file in this Court for examination &c. Your orator further states that said for a valuable Consideration <paid, by your orator to him> on the 29th day of January 1842, duly, in writing, on the back of said Mortgage assigned and transferred the said Mortgage and debt and all his interest therein to your orator and that the same is now held by him [p. ]