Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.]

  • Source Note
  • Historical Introduction
Page 448
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And the said Bond in said petition mentioned was made by said Erie Rhodes dec’d in his lifetime as in said petition alleged, that this respondent is the administrator of said Erie Rhodes— that said Erie Rhodes did without having made a deed for the premises mentioned in said Bond— that the full consideration for the said premises therein described according to said Bond is entirely paid and that nothing thereon is now due or to become due that the entire interest on said Bond is in the as alleged in said petition and that the other respondents in said petition are the widow and legal representatives of the said Erie Rhodes dec’d and this Respondent knows no cause why the said should not have his deed as prayed for to the said premises mentioned <​in​> his said petition as therein described— And now having answered all that he is advised he is bound to answer this respondent prays to be hence dismisses with his costs &c
Hugh Rhodes Admr of Erie Rhodes Dec’d
State of ) ss
)
I Hugh Rhodes being duly Sworn depose that the matters and things set forth in the foregoing answer as from my own knowledge are true and that the several matters and things set forth therein as from the information of others I believe to be true
Hugh Rhodes
Sworn to and subscribed before me this 11th day of October A D 1843.
, clk By Depy
and afterwards to wit on the 12th day of October A D 1843, the separate answer of Joseph Smith one of the Defendants herein was filed which said answer is in the words and figures following to wit—
Answer,
State of Illinois) ss. [scilicet]
)
Circuit Court
The separate answer of Joseph Smith one of the defendants to the Bill of Complainant— The said Joseph Smith now comes and for answer to the Bill of the said says that, it is true he duly assigned the Bond from Erie Rhodes to him mentioned in s bill to the as alleged in s bill and it is true that the payments for the land in said bond described were made in full for said land as alleged in s Bill and as set forth and endorsed on the said bond, the last payment being made in full to one H J Rhodes an agent for one Hugh Rhodes as endorsed on said Bond— That the said Bond was executed by the said Erie Rhodes in his lifetime and that the several endorsements and assignments on said Bond are correct as deponent verily believes. And now having answered the bill of the said Joseph Smith prays to be hence dismissed with his Costs &c
The
I Joseph Smith being duly sworn say that the several matters and things set forth in the foregoing answer as of my own knowledge are true— and that the other several matters and things therein set forth as from the information of others and belief I believe to be true
Joseph Smith
Sworn to and subscribed before me 29th day of September 1843.
acting Justice of the Peace [p. 448]
And the said Bond in said petition mentioned was made by said Erie Rhodes dec’d in his lifetime as in said petition alleged, that this respondent is the administrator of said Erie Rhodes— that said Erie Rhodes did without having made a deed for the premises mentioned in said Bond— that the full consideration for the said premises therein described according to said Bond is entirely paid and that nothing thereon is now due or to become due that the entire interest on said Bond is in the as alleged in said petition and that the other respondents in said petition are the widow and legal representatives of the said Erie Rhodes dec’d and this Respondent knows no cause why the said should not have his deed as prayed for to the said premises mentioned in his said petition as therein described— And now having answered all that he is advised he is bound to answer this respondent prays to be hence dismisses with his costs &c
Hugh Rhodes Admr of Erie Rhodes Dec’d
State of ) ss
)
I Hugh Rhodes being duly Sworn depose that the matters and things set forth in the foregoing answer as from my own knowledge are true and that the several matters and things set forth therein as from the information of others I believe to be true
Hugh Rhodes
Sworn to and subscribed before me this 11th day of October A D 1843.
, clk By Depy
and afterwards to wit on the 12th day of October A D 1843, the separate answer of Joseph Smith one of the Defendants herein was filed which said answer is in the words and figures following to wit—
Answer,
State of Illinois) ss. [scilicet]
)
Circuit Court
The separate answer of Joseph Smith one of the defendants to the Bill of Complainant— The said Joseph Smith now comes and for answer to the Bill of the said says that, it is true he duly assigned the Bond from Erie Rhodes to him mentioned in s bill to the as alleged in s bill and it is true that the payments for the land in said bond described were made in full for said land as alleged in s Bill and as set forth and endorsed on the said bond, the last payment being made in full to one H J Rhodes an agent for one Hugh Rhodes as endorsed on said Bond— That the said Bond was executed by the said Erie Rhodes in his lifetime and that the several endorsements and assignments on said Bond are correct as deponent verily believes. And now having answered the bill of the said Joseph Smith prays to be hence dismissed with his Costs &c
I Joseph Smith being duly sworn say that the several matters and things set forth in the foregoing answer as of my own knowledge are true— and that the other several matters and things therein set forth as from the information of others and belief I believe to be true
Joseph Smith
Sworn to and subscribed before me 29th day of September 1843.
acting Justice of the Peace [p. 448]
Page 448