Bill in Chancery, circa 31 July 1843 [Clayton v. E. W. Rhodes et al.]

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois)
) ss. [scilicet]
In the Circuit Court for said To the Term of October 1843.
To the of the fifth Judicial Circuit in sitting in and for the county of .
Your Petitioner of the County of represents that one Erie Rhodes late of said county of , now deceased, in his lifetime on or about the sixteenth day of September in the year of our Lord eighteen hundred and forty one made his certain Bond and contract in writing and delivered the same to one Joseph Smith of said County of and which said bond and contract is here set forth in these words
Know all men by these presents that I Erie Rhodes of the county of and state of am held and firmly bound unto Joseph Smith of the county of and State aforesaid in the penal sum of three thousand Dollars for the payment of which well and truly to be made I bind myself my heirs, executors, and administrators firmly by these presents. Now the condition of the above obligation is such that whereas the said Erie Rhodes has this day sold unto the said Joseph Smith one hundred and fifty three and one half acres of Land, at ten Dollars per acre lying and being in the county of and state aforesaid, as follows, to wit, one hundred [p. 444]
and twenty nine and a half of the North East quarter of section Eight in Township six north range eight west of the principal meridian— also twenty four acres in the south west corner of the North west quarter of section nine township and range as above and am to receive on payment for the same fifteen hundred and thirty five Dollars in manner following, to wit, One hundred Dollars in hand the receipt whereof is hereby acknowledged Two hundred on the sixth day of October next, seven hundred payable on the first day of November next, and the remainder of five Hundred and thirty five Dollars on the first day of May next; all bearing interest interest from the date hereof as expressed on the several notes given. Now if the said Joseph Smith his heirs executors or administrators shall well and truly pay or cause to be paid the amount of said notes with such interest as may accrue thereon, according to the tenor and effect thereof, the said Erie Rhodes binds himself his heirs and executors and administrators to make or cause to be made to the said Joseph Smith his heirs and assigns a good and sufficient warranty for the above described land— and then this Bond to become null and void otherwise to be and remain in full force and virtue Given under my hand and seal this sixteenth day of September in the year of our Lord one thousand eight hundred and forty one
Erie Rhodes L S
In presence of
P S. It is the express understanding that should the within Land Should not hold out according to the number of acres therein described the said Rhodes is to refund at the rate of ten Dollars per acre for all that it may fall short and should it overrun, the same is to be made up at the same rates by the sd Smith
Erie Rhodes seal
witness
and your states that the said one hundred and twenty nine and a half of the North East quarter of section Eight in Township six north Range Eight west of the principal meridian in said Bond mentioned was, at the time of making said Bond understood and intended to be the said North East quarter of section Eight in Township six North Range eight west of the fourth principal meridian in the county of except about thirty seven acres out of the South west corner of said quarter section and hundred as follows commencing at the south west corner of said quarter section thence Eighty rods East thence seventy four rods North thence Eighty rods west thence seventy four rods south to the place of beginning. Your further states that all of said land lies in the said county of and that the whole consideration mentioned in said Bond and the interest thereon has been fully paid by the said Joseph Smith and Your to the said Erie Rhodes in his lifetime and to the lawful administrator of said Rhodes since his decease and the full amount due on the notes in said Bond specified, that the full and entire interest in said Bond and the equity by virtue of said Bond to the said lands therein mentioned is fully and entirely vetted in your by lawful assignment in writing, on the back of said Bond duly made on or about the eleventh day of October A D 1841, by the said Joseph Smith to your for a valuable consideration as in said assignment as expressed, all of which will more fully appear by reference to said Bond and the endorsements and written assignment therein here shown to your Honor in open Court. Your would further state that the said Erie Rhodes after the of said Bond and upon the time specified therein for the making and delivering of a deed for the premises therein mentioned died intestate— without having executed & delivered a Deed for the lands mentioned [p. [445]] in said Bond according to the tenor & effect thereof to wit, on or about the— day of [blank] A D 1842, leaving Eunice [Wright] Rhodes his widow relict, and Orrin Rhodes who is of lawful age and Alonzo Rhodes, William W. Rhodes, Robert B Rhodes Helen Rhodes, and Alvin Rhodes who are minors under the age of twenty one years his children and heirs at law him surviving his legal representatives and all of whom reside in the said county of , and your would further state that one Hugh Rhodes, who now resides in Knox county Illinois, is lawful administrator of the said Erie Rhodes deceased having duly taken out letters of administration in the proper Court of Probate, on the estate of the said Erie Rhodes deceased, and taken upon himself the burden of the administration thereof. Your would further represent that the said Eunice Rhodes widow of the said Erie Rhodes decd at the October term of this Court 1842 filed her certain petition praying for assignment of her dower in the real Estate of which her late husband Erie Rhodes died seized and that such proceedings were had in said suit or petition that at the May term of this court 1843, by final decree of said court The South East quarter of Section 17, T 6 N, R. 8 west and forty eight acres off of the east side of south East qr. of section 18, T 6 N. 18 west 4th principal meridian in said county of , were set off and assigned to the said Eunice and the same by said Decree vested in the said Eunice for her dower in the real estate of the said Erie and of which said Erie died seized. Your therefore prays that the writ of subpoena issue against the said Eunice Rhodes widow as aforesaid and against the aforesaid heirs at law of the said Erie and the said Hugh Rhodes as administrator as aforesaid and the said Joseph Smith and that they be compelled to answer all and singular the allegations of this petition and that on the final hearing of this petition your Honor order adjudge and decree the said Eunice Rhodes barred of all right of dower in and to the said Lands mentioned in said bond and that your Honor decree that the said Hugh Rhodes administrator as aforesaid and the lawful administrator of said Erie Rhodes decd make, execute, and delivre to the said your petitioner a sufficient lawful Deed for the lands mentioned in said Bond according to the true intent and meaning of said Bond. And your having no adequate remedy at law prays for such other and further relief both general and special in the premises as is consistent with the equity power of your Honor, as in duty bound he will every pray &c
By & his solicitors [p. 446]

Footnotes

  1. 1

    TEXT: “L S” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  2. 2

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.