Docket Entry, Copied Documents, 26 October 1844 [Ivins v. E. Smith et al.]
Docket Entry, Copied Documents, [, Hancock Co., IL], 26 Oct. 1844, Ivins v. E. Smith et al. (Hancock Co., IL, Circuit Court, in Chancery 1845); Hancock County Circuit Court, Chancery Record, vol. B, pp. 166–169; handwriting of ; Hancock County Courthouse, Carthage, IL; microfilm at FHL.
Heretofore to wit, on the Ninth day of October in the year of our Lord one thousand Eight hundred and forty four the by his Solicitor pled in the clerks Office of the circuit court of his bill in together with a for summons in Chancery herein which said bill and precipe are in the words and figures following to wit
State of Illinois)
In the Circuit Court October Term 1844. In chancery
To the Honorable of said Court in chancery sitting Your orator of the County of respectfully represents that one of said being seized in fee simple of the following described Land to wit, situated in the County of and state of beginning at a Post on the east and west centre line of section five (5) in Township six (6) North of Range Eight (8) west from which a black oak 20 S. E. 3¾° W 19d. a Hickory 15 in diameter bears north 56½° E. 30 links: Thence S 89° 35 min E along said line 24. 63 chains to a post at NE corner of said qr section from which a burr oak 14 in diameter bears north ¼° E. 151 links distant: thence S 0° 40 min N 40. 54 chains to a post in a mound at 1/4 section corner between section 5 & 8: thence north 89½° West along section line 24. 63 chains to a stake <stone>: thence North 0° 40 in West to said place of beginning containing one hundred acres more or less, on the East side of said quarter section, did on or about the twentieth day of June AD 1841. sell and convey the same by deed to one Joseph Smith of said County of for the sum of fifteen hundred Dollars: and that said Joseph Smith to secure the payment of said consideration money, the same being on a credit of one, two & three years, then 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 recorders 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 in said premises 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 one line of boundry of the same, to wit, the third line thereof, and which said mistake was not discovered 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 original 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 [p. 166]