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.
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 , Frederick Smith, that is administrator of said Joseph Smith. Your orator therefore prays that the writ of subpoena may issue against the said , , & Frederick Smith, 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
, Frederick Smith,)
and , Adm[inistrato]r of Joseph Smith)
The of said court will issue subpoena in the above case &c returnable at the next Term of said Court.
Oct 3d. 1844.
& Sol[icito]rs for
And afterwards to wit, on the said Ninth day of October in the year of our Lord One thousand Eight hundred and forty four a summons was issued herein which said summons is in the words and figures following to wit:—
State of Illinois)
The People of the State of
To the of said Greeting
We command you to summon , , Frederick Smith, and Adm[inistrato]r of Joseph Smith if to be found in your , personally to be and appear before the circuit court of said , on the first day of the next term thereof, to be holden at the Court House in on the third Monday in the month of October inst to answer to a bill of complaint, filed in our said Circuit Court on the Chancery side thereof, against them by . And have you then there this writ, and make return thereon, in what manner you execute the same
Witness clerk of our said circuit Court, at this ninth day of October in the year of our Lord one thousand Eight hundred and forty four