Introduction to Clayton v. E. W. Rhodes et al.

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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.]
Introduction to Clayton v. E. W. Rhodes et al.
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Clayton v. E. W. Rhodes, O. Rhodes, Alonzo Rhodes, Alvin Rhodes, W. Rhodes, R. Rhodes, Helen Rhodes, JS, and Hugh Rhodes, Administrator of the Estate of E. Rhodes

Hancock Co., Illinois, 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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, 21 October 1843

Historical Introduction

In fall 1843,
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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, apparently acting on JS’s instructions, sued JS as well as the family and estate of Erie Rhodes in the circuit court of
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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, Illinois, to secure the title to
JS’s farm
JS purchased one hundred fifty-three acres for farm, 16 Sept. 1841, to be paid off over time. Located about three miles east of Nauvoo on south side of Old Road to Carthage. Farm managed by Cornelius P. Lott and wife, Permelia. JS frequently labored on farm...
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. Two years earlier, in September 1841, Rhodes had sold JS 153½ acres of land about three miles east of
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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, Illinois, for $1,535 and signed a bond promising to provide JS with a property deed when he completed his payments.
1
Bond from Erie Rhodes, 16 Sept. 1841.
This property ultimately became JS’s personal farm. Rhodes died on 17 October 1841, one month after JS’s purchase.
2
Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, pp. 302–303, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL.
Comprehensive Works Cited
U.S. and Canada Record Collection. FHL.
JS continued to make regular property payments to Rhodes’s estate and satisfied the debt in April 1842.
3
However, neither Rhodes nor his estate had completed payments on the land, meaning the estate did not yet own the land and was unable to transfer the title to JS.
4
Rhodes bought the property in 1840 from James M. Duncan. However, as of 1842, Rhodes and his estate had yet to make a single payment on the property. (“A Full and Perfect Inventory of the Lands Claimed by the Estate of Erie Rhodes,” 1 Jan. 1842, Hancock Co., IL, Probate Records, ca. 1831–1942, box 10, microfilm 1,491,980, U.S. and Canada Record Collection, FHL.)
Sometime in early April 1842, shortly after he finished paying for the land, JS signed an assignment that transferred the property to himself as trustee-in-trust for the church. Although signed in 1842, the transfer was dated October 1841.
5
Assignment to JS as Trustee-in-Trust, between 2 and 18 Apr. 1842. Although the conveyance, which was written on the back of the original bond, was dated 10 October 1841, the text was inserted in the space between the contemporaneous docket and a 2 April 1842 notation stating that the bond was paid in full. The end of the inserted conveyance text wraps around the notation text. The conveyance was included with the bond when it was copied into the official Hancock County Bonds and Mortgages record book on 18 April 1842. This indicates that the conveyance was created sometime between 2 and 18 April 1842. This timing suggests that the conveyance was likely intended to protect the property from creditors in connection with JS’s petition for bankruptcy, which was created during the same two-week window. Conveying property to dependents or trusts was a common means of shielding property in bankruptcy proceedings that followed the Bankruptcy Act of 1841. (Bond from Erie Rhodes, 16 Sept. 1841; Bond from Erie Rhodes, 16 Sept. 1841, as Recorded in Bonds and Mortgages; Application for Bankruptcy, ca. 14–16 Apr. 1842, in JSP, D9:360–372; Balleisen, Navigating Failure, 94–96.)
JSP, D9 / Smith, Alex D., Christian K. Heimburger, and Christopher James Blythe, eds. Documents, Volume 9: December 1841–April 1842. Vol. 9 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2019.
Balleisen, Edward J. Navigating Failure: Bankruptcy and Commercial Society in Antebellum America. Chapel Hill: University of North Carolina Press, 2001.

In October 1842, Rhodes’s widow, Eunice Wright Rhodes, petitioned the
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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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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, for her dower rights to her husband’s property, including the land he had sold to JS. The following spring, a court-appointed commission set apart a third of Erie Rhodes’s property as Eunice Rhodes’s dower right, and the court approved the arrangement on 27 May 1843.
6
Hancock Co., IL, Chancery Court Records, 1838–1924, vol. B, pp. 144–148, 15 Oct. 1842; pp. 334–336, 27 May 1843, microfilm 955,133, U.S. and Canada Record Collection, FHL; see also An Act for the Speedy Assignment of the Dower, and Partition of Real Estate [6 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], 252–256.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
Although the property assigned to Eunice Rhodes did not include
JS’s farm
JS purchased one hundred fifty-three acres for farm, 16 Sept. 1841, to be paid off over time. Located about three miles east of Nauvoo on south side of Old Road to Carthage. Farm managed by Cornelius P. Lott and wife, Permelia. JS frequently labored on farm...
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, the mention of JS’s property in her petition apparently led JS to make additional efforts to secure the title to his land. On 1 June 1843, JS signed a second assignment, which transferred the property from him as the church’s trustee-in-trust to
Clayton
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. Like the earlier assignment, the
conveyance
The transfer of land title by one or more persons or entities to one or more others.
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to Clayton was dated October 1841.
7
Assignment to William Clayton, 1 June 1843; Bond from Erie Rhodes, 16 Sept. 1841.
Although JS’s conveyance stated that Clayton paid $1,500 for the property, it is unknown whether any money changed hands. However, Clayton apparently held the property as an agent on JS’s behalf rather than acquiring it as his personal property.
8
Clayton regularly conducted financial business as an agent for JS, typically doing so in JS’s name but not usually holding property on his behalf.
9
See, for example, Historical Introduction to Land Transaction with Chauncey Robison, 22 Oct. 1842, in JSP, D11:182–183.
JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.
As the fall 1843 court proceedings were ongoing, however, JS instructed Clayton to purchase additional property from the Rhodes estate on his behalf.
10
Clayton, Journal, 10 and 12 Oct. 1843; Hugh Rhodes to William Clayton, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 83–85, microfilm 954,600, U.S. and Canada Record Collection, FHL; Promissory Note to Hugh Rhodes, 12 Oct. 1843.
Clayton, William. Journals, 1842–1845. CHL.

In late July 1843,
Clayton
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and his attorneys,
George Bachman
ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...
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and
Onias Skinner
21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...
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, prepared a bill of complaint for the circuit court to settle the transaction in chancery.
11
Bill in Chancery, ca. 31 July 1843 [Clayton v. E. W. Rhodes et al.]. Illinois law permitted a complainant to file a bill laying out the complaint, after which the court would issue summonses naming defendants who were to appear in court to answer the bill. (An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 139, secs. 2–3.)
Clayton’s bill requested that the court deny Eunice Rhodes’s dower rights for the property that was sold to JS and require the Rhodes estate to provide Clayton with a deed to the land he had purchased from JS. To ensure that all claims were resolved, Clayton named Eunice Rhodes, her children, the Erie Rhodes estate, and JS as defendants in the bill, even though Clayton was apparently acting on JS’s behalf to resolve the matter.
12
Bill in Chancery, ca. 31 July 1843 [Clayton v. E. W. Rhodes et al.]; Praecipe, 25 July 1843 [Clayton v. E. W. Rhodes et al.].
On 1 August 1843, the court summoned the defendants, including JS, to appear during its October term and answer Clayton’s bill.
13
Summons, 1 Aug. 1843–A [Clayton v. E. W. Rhodes et al.]; Summons, 1 Aug. 1843–B [Clayton v. E. W. Rhodes et al.].

Sometime between 29 September and 4 October, JS prepared his answer to
Clayton
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’s bill for the court.
14
Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.]. Although the answer is dated 29 September 1843, JS’s journal states that on the morning of 4 October, he “was sworn before alderman Phelp [William W. Phelps] at the Mansion to an affidavit” regarding Clayton’s suit. It is possible that the answer was originally drafted and dated on 29 September by one of JS’s clerks, but Phelps did not have JS swear to it until 4 October and did not change the date. It is also possible that, for an unknown reason, the document was created and certified on 4 October but backdated to 29 September. (JS, Journal, 4 Oct. 1843.)
In the answer, JS acknowledged all of the facts in the case, namely that Erie Rhodes executed the bond in his lifetime, that JS paid off the debt, and that the “several endorsements and assignments” inscribed on the bond were correct.
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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, acting as a city alderman pro tempore, certified and signed the answer. The circuit court received JS’s answer on 12 October 1843.
15
Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.].
Hugh Rhodes—the administrator of Erie Rhodes’s estate—and John W. Marsh—the guardian of Erie Rhodes’s minor children—also provided answers to the court in October 1843 that validated the claims of Clayton’s petition.
16
Answer, 11 Oct. 1843 [Clayton v. E. W. Rhodes et al.]; Answer, 17 Oct. 1843 [Clayton v. E. W. Rhodes et al.].
Eunice Rhodes and her adult son, Orrin Rhodes, never responded to the summons.
17
Decree, 21 Oct. 1843 [Clayton v. E. W. Rhodes et al.].

On 21 October 1843, the circuit court granted
Clayton
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’s petition, barring Eunice Rhodes’s dower rights to the property and ordering Erie Rhodes’s estate to give Clayton a deed to the land within sixty days.
18
On 20 November 1843, Hugh Rhodes signed a provisional deed that legally promised to transfer the property to Clayton once the estate fully paid off its debt on the land.
19
Hugh Rhodes to William Clayton, Deed, Knox Co., IL, 20 Nov. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 80–82, microfilm 954,600, U.S. and Canada Record Collection, FHL. According to probate records, Erie Rhodes’s estate was still making payments on the properties sold to JS as late as 1845. ([Hugh Rhodes], “This Accountant Claims the Following Credits for Disbursments since Dec 4th 1843,” 3 May 1845; Hugh Rhodes, “This Accountant Claims the Following Credits for Disbursments,” 11 Feb. 1846, Hancock Co., IL, Probate Records, ca. 1831–1942, box 10, microfilm 1,491,980, U.S. and Canada Record Collection, FHL.)
Sometime between 28 August and 25 November 1843, Clayton transferred the property to the children of JS and
Emma Smith
10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...
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.
20
Although dated 28 August 1843, the deed was not signed and certified until 25 November, suggesting that it was possibly drafted as early as 28 August but not formalized until 25 November—after Clayton received a provisional deed for the land from the Rhodes estate. Clayton had earlier given Emma Smith a deed to the property in JS’s presence on 1 August 1843, but this deed was never recorded and was apparently nullified. (William Clayton to Julia M. Smith et al., Deed, Hancock Co., IL, 28 Aug. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 82–83, microfilm 954,600, U.S. and Canada Record Collection, FHL; Clayton, Journal, 1 Aug. 1843.)

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

1841 (4)
September (4)
16 September 1841
Erie Rhodes, Bond for Property in Hancock Co., IL, to JS
16 Sept. 1841; microfilm 1,637,612 at FHL; handwriting of John S. Fullmer; signatures presumably of Erie Rhodes; docket in handwriting of John S. Fullmer; notation in handwriting of Willard Richards with signature presumably of H. J. Rhodes; assignment in handwriting of Willard Richards with signature of JS; notations in handwriting of Chauncey Robison; notation in unidentified handwriting; assignment in handwriting of Willard Richards; notation in handwriting of David E. Head.
18 Apr. 1842; Hancock Co., IL, Bonds and Mortgages, vol. 1, pp. 228–229, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
1
An additional version of the bond, copied from the Hancock County bonds and mortgages record book, was created on 12 November 1851. (Bond, Erie Rhodes to JS, 16 Sept. 1841, microfilm, reel 25, Wilford C. Wood, collection of Church Historical Materials, CHL.)
Between 21 Oct. 1843 and 6 Feb. 1844; in George Bachman and Onias Skinner on behalf of William Clayton, Bill in Chancery, Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, pp. 444–445, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Between 21 Oct. 1843 and 6 Feb. 1844; in Transcript of Proceedings, Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, pp. 449–450, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

16 September 1841
JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–A
1
Note for $200 due 6 October 1841.
16 Sept. 1841. Not extant.
2
See Bond from Erie Rhodes, 16 Sept. 1841.

16 September 1841
JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–B
1
Note for $700 due 1 November 1841.
16 Sept. 1841. Not extant.
2
See Bond from Erie Rhodes, 16 Sept. 1841.

16 September 1841
JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–C
1
Note for $535 due 1 May 1842.
16 Sept. 1841; JS Collection, CHL; handwriting of John S. Fullmer; signature(s) removed; notation in handwriting of John S. Fullmer with signature of Erie Rhodes.

1842 (1)
April (1)
Between 2 and 18 April 1842
JS, Assignment, to JS as Trustee-in-Trust, Nauvoo, Hancock Co., IL
Between 2 and 18 Apr. 1842;
1
Although the conveyance, which was written on the back of the original bond, was dated 10 October 1841, the text was inserted in the space between the contemporaneous docket and a 2 April 1842 notation signed by Hugh Rhodes stating that the bond was paid in full. The end of the inserted conveyance text wraps around the notation text. The conveyance was included with the bond when it was copied into the official Hancock County bonds and mortgages record book on 18 April 1842. This indicates that the conveyance was created sometime between 2 and 18 April 1842. This timing suggests that the conveyance was likely intended to protect the property from creditors in connection with JS’s petition for bankruptcy, which was created during the same two-week window. Conveying property to dependents or trusts was a common means of shielding property in bankruptcy proceedings that followed the Bankruptcy Act of 1841. (Bond from Erie Rhodes, 16 Sept. 1841; Bond from Erie Rhodes, 16 Sept. 1841, as Recorded in Bonds and Mortgages; Schedule of Creditors, circa 14–16 April 1842; Inventory of Property, circa 14–16 April 1842; Balleisen, Navigating Failure, 94–96.)
in Erie Rhodes, Bond, 16 Sept. 1841, p. [2], microfilm 1,637,612 at FHL; handwriting of Willard Richards; signature of JS; notations in handwriting of Chauncey Robison.
Between 21 Oct. 1843 and 6 Feb. 1844; in Erie Rhodes, Bond, 16 Sept. 1841, Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 450, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1843 (1)
June (1)
1 June 1843
JS, Assignment, to William Clayton, Nauvoo, Hancock Co., IL
1 June 1843;
1
Although the document is dated 11 October 1841, JS’s journal indicated that the conveyance occurred on 1 June 1843. (JS, Journal, 1 June 1843; see also Bond from Erie Rhodes, 16 Sept. 1841.)
in Erie Rhodes, Bond, 16 Sept. 1841, p. [2], microfilm 1,637,612 at FHL; handwriting of Willard Richards.
Between 21 Oct. 1843 and 6 Feb. 1844; in Erie Rhodes, Bond, 16 Sept. 1841, Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 450, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

Hancock Co., Illinois, Circuit Court, in Chancery
1843 (11)
July (2)
25 July 1843
George Bachman and Onias Skinner on behalf of William Clayton, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL
25 July 1843. Not extant.
Between 21 Oct. 1843 and 6 Feb. 1844; in Transcript of Proceedings, Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 446, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

Ca. 31 July 1843
George Bachman and Onias Skinner on behalf of William Clayton, Bill in Chancery, Hancock Co., IL
Ca. 31 July 1843. Not extant.

August (2)
1 August 1843
David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Eunice Wright Rhodes and Others (Including JS), Carthage, Hancock Co., IL, 1 Aug. 1843–A
1 Aug. 1843. Not extant.
Ca. 10 Aug. 1843. Not extant.
1
A copy of the summons was served on Eunice Wright Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
2
A copy of the summons was served on Alonzo Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
3
A copy of the summons was served on Alvin Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
4
A copy of the summons was served on William Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
5
A copy of the summons was served on Robert Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
6
A copy of the summons was served on Helen Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
7
A copy of the summons was served on JS. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)
8
A copy of the summons was served on Orrin Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)

1 August 1843
David E. Head on behalf of Jacob B. Backenstos, Summons, Carthage, Hancock Co., IL, to Knox Co. Sheriff, for Hugh Rhodes, Knox Co., IL, 1 Aug. 1843–B
1 Aug. 1843. Not extant.
Ca. 13 Sept. 1843. Not extant.
1
A copy of the summons was left with the wife of Hugh Rhodes. (Transcript of Proceedings, between 21 Oct. 1843 and 6 Feb. 1844 [Clayton v. E. W. Rhodes et al.].)

October (7)
Between 29 September and 4 October 1843
JS, Answer, before William W. Phelps, Nauvoo, Hancock Co., IL
Between 29 Sept. and 4 Oct. 1843. Not extant.
1
The copy of the answer inscribed in the 21 October 1843 transcript of proceedings is dated 29 September 1843. However, JS’s journal entry for 4 October states that JS “was sworn before alderman Phelp [William W. Phelps] at the Mansion to an affidavit.— concerig [concerning] a suit in cou[r]t [William] Clayton & Joseph vs [Erie] Rhodes,” which is almost certainly a reference to the answer. It is possible that the answer was originally drafted and dated on 29 September by one of JS’s clerks, but Phelps did not have JS swear to it until 4 October and did not change the date. It is also possible that, for an unknown reason, the document was created and certified on 4 October but backdated to 29 September. (JS, Journal, 4 Oct. 1843.)

11 October 1843
Hugh Rhodes, Answer, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL
11 Oct. 1843. Not extant.

16 October 1843
Docket Entry, Motion, Carthage, Hancock Co., IL
16 Oct. 1843; Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 382, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of David E. Head.

17 October 1843
John W. Marsh, Answer, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL

18 October 1843
Docket Entry, Motions, Carthage, Hancock Co., IL
18 Oct. 1843; Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 394, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

20 October 1843
Docket Entry, Answer Filed, Carthage, Hancock Co., IL
20 Oct. 1843; Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, p. 422, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

21 October 1843
Jesse B. Thomas, Decree, Carthage, Hancock Co., IL

1844 (1)
February (1)
Between 21 October 1843 and 6 February 1844
Transcript of Proceedings, Carthage, Hancock Co., IL
Between 21 Oct. 1843 and 6 Feb. 1844; Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, pp. 444–451, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

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Footnotes
[1]
[2]
Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, pp. 302–303, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL.
[3]
[4]
Rhodes bought the property in 1840 from James M. Duncan. However, as of 1842, Rhodes and his estate had yet to make a single payment on the property. (“A Full and Perfect Inventory of the Lands Claimed by the Estate of Erie Rhodes,” 1 Jan. 1842, Hancock Co., IL, Probate Records, ca. 1831–1942, box 10, microfilm 1,491,980, U.S. and Canada Record Collection, FHL.)
[5]
Assignment to JS as Trustee-in-Trust, between 2 and 18 Apr. 1842. Although the conveyance, which was written on the back of the original bond, was dated 10 October 1841, the text was inserted in the space between the contemporaneous docket and a 2 April 1842 notation stating that the bond was paid in full. The end of the inserted conveyance text wraps around the notation text. The conveyance was included with the bond when it was copied into the official Hancock County Bonds and Mortgages record book on 18 April 1842. This indicates that the conveyance was created sometime between 2 and 18 April 1842. This timing suggests that the conveyance was likely intended to protect the property from creditors in connection with JS’s petition for bankruptcy, which was created during the same two-week window. Conveying property to dependents or trusts was a common means of shielding property in bankruptcy proceedings that followed the Bankruptcy Act of 1841. (Bond from Erie Rhodes, 16 Sept. 1841; Bond from Erie Rhodes, 16 Sept. 1841, as Recorded in Bonds and Mortgages; Application for Bankruptcy, ca. 14–16 Apr. 1842, in JSP, D9:360–372; Balleisen, Navigating Failure, 94–96.)
JSP, D9 / Smith, Alex D., Christian K. Heimburger, and Christopher James Blythe, eds. Documents, Volume 9: December 1841–April 1842. Vol. 9 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2019.
[6]
Hancock Co., IL, Chancery Court Records, 1838–1924, vol. B, pp. 144–148, 15 Oct. 1842; pp. 334–336, 27 May 1843, microfilm 955,133, U.S. and Canada Record Collection, FHL; see also An Act for the Speedy Assignment of the Dower, and Partition of Real Estate [6 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], 252–256.
[7]
Assignment to William Clayton, 1 June 1843; Bond from Erie Rhodes, 16 Sept. 1841.
[8]
[9]
See, for example, Historical Introduction to Land Transaction with Chauncey Robison, 22 Oct. 1842, in JSP, D11:182–183.
JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.
[10]
Clayton, Journal, 10 and 12 Oct. 1843; Hugh Rhodes to William Clayton, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 83–85, microfilm 954,600, U.S. and Canada Record Collection, FHL; Promissory Note to Hugh Rhodes, 12 Oct. 1843.
[11]
Bill in Chancery, ca. 31 July 1843 [Clayton v. E. W. Rhodes et al.]. Illinois law permitted a complainant to file a bill laying out the complaint, after which the court would issue summonses naming defendants who were to appear in court to answer the bill. (An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 139, secs. 2–3.)
[12]
Bill in Chancery, ca. 31 July 1843 [Clayton v. E. W. Rhodes et al.]; Praecipe, 25 July 1843 [Clayton v. E. W. Rhodes et al.].
[13]
Summons, 1 Aug. 1843–A [Clayton v. E. W. Rhodes et al.]; Summons, 1 Aug. 1843–B [Clayton v. E. W. Rhodes et al.].
[14]
Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.]. Although the answer is dated 29 September 1843, JS’s journal states that on the morning of 4 October, he “was sworn before alderman Phelp [William W. Phelps] at the Mansion to an affidavit” regarding Clayton’s suit. It is possible that the answer was originally drafted and dated on 29 September by one of JS’s clerks, but Phelps did not have JS swear to it until 4 October and did not change the date. It is also possible that, for an unknown reason, the document was created and certified on 4 October but backdated to 29 September. (JS, Journal, 4 Oct. 1843.)
[15]
Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.].
[16]
Answer, 11 Oct. 1843 [Clayton v. E. W. Rhodes et al.]; Answer, 17 Oct. 1843 [Clayton v. E. W. Rhodes et al.].
[17]
[18]
[19]
Hugh Rhodes to William Clayton, Deed, Knox Co., IL, 20 Nov. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 80–82, microfilm 954,600, U.S. and Canada Record Collection, FHL. According to probate records, Erie Rhodes’s estate was still making payments on the properties sold to JS as late as 1845. ([Hugh Rhodes], “This Accountant Claims the Following Credits for Disbursments since Dec 4th 1843,” 3 May 1845; Hugh Rhodes, “This Accountant Claims the Following Credits for Disbursments,” 11 Feb. 1846, Hancock Co., IL, Probate Records, ca. 1831–1942, box 10, microfilm 1,491,980, U.S. and Canada Record Collection, FHL.)
[20]
Although dated 28 August 1843, the deed was not signed and certified until 25 November, suggesting that it was possibly drafted as early as 28 August but not formalized until 25 November—after Clayton received a provisional deed for the land from the Rhodes estate. Clayton had earlier given Emma Smith a deed to the property in JS’s presence on 1 August 1843, but this deed was never recorded and was apparently nullified. (William Clayton to Julia M. Smith et al., Deed, Hancock Co., IL, 28 Aug. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 82–83, microfilm 954,600, U.S. and Canada Record Collection, FHL; Clayton, Journal, 1 Aug. 1843.)

Introduction to Clayton v. E. W. Rhodes et al.

1841 (4)

September (4)

Erie Rhodes, Bond for Property in Hancock Co., IL, to JS

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–A1Note for $200 due 6 October 1841.

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–B1Note for $700 due 1 November 1841.

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–C1Note for $535 due 1 May 1842.

1842 (1)

April (1)

JS, Assignment, to JS as Trustee-in-Trust, Nauvoo, Hancock Co., IL

1843 (1)

June (1)

JS, Assignment, to William Clayton, Nauvoo, Hancock Co., IL

1843 (11)

July (2)

George Bachman and Onias Skinner on behalf of William Clayton, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

George Bachman and Onias Skinner on behalf of William Clayton, Bill in Chancery, Hancock Co., IL

August (2)

David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Eunice Wright Rhodes and Others (Including JS), Carthage, Hancock Co., IL, 1 Aug. 1843–A

David E. Head on behalf of Jacob B. Backenstos, Summons, Carthage, Hancock Co., IL, to Knox Co. Sheriff, for Hugh Rhodes, Knox Co., IL, 1 Aug. 1843–B

October (7)

JS, Answer, before William W. Phelps, Nauvoo, Hancock Co., IL

Hugh Rhodes, Answer, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL

Docket Entry, Motion, Carthage, Hancock Co., IL

John W. Marsh, Answer, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL

Docket Entry, Motions, Carthage, Hancock Co., IL

Docket Entry, Answer Filed, Carthage, Hancock Co., IL

Jesse B. Thomas, Decree, Carthage, Hancock Co., IL

1844 (1)

February (1)

Transcript of Proceedings, Carthage, Hancock Co., IL

Source Note

Document Transcript

Document Information

Footnotes

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–A
1
Note for $200 due 6 October 1841.

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–B
1
Note for $700 due 1 November 1841.

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Erie Rhodes, 16 Sept. 1841–C
1
Note for $535 due 1 May 1842.