Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.]
Source Note
Transcript of Proceedings, [, Hancock Co., IL, between 21 Oct. 1843 and 6 Feb. 1844], Clayton v. E. W. Rhodes et al. (Hancock Co., IL, Circuit Court, in 1843); Hancock County Circuit Court, Chancery Court Records, 1838–1924, vol. B, pp. 444–451; handwriting of ; Hancock County Courthouse, Carthage, IL; microfilm at FHL.
and afterwards to wit on the 17th day of October A D 1843, the answer of the infant Defendants by their Guardian ad litem was filed herein which said answer of the said infant Defts by their Guardian aforesaid is in the words and figures following, to wit—
Answer
)
Circuit Court
vs)
Eunice [Wright] Rhodes, Orrin Rhodes et als)
And now comes John W Marsh Guardian ad litem appointed by the Court herein to Alonzo Rhodes, Alvin Rhodes, William W Rhodes Robert B Rhodes, and Helen Rhodes infant Defts in said case and for answer says that he knows nothing of the matters of said case that the said defts are infants as he is informed of tender years and puts their interest in the care of the court
John W Marsh being duly Sworn says that the matters and things set forth in the foregoing answer are true as he verily believes
John W Marsh
Sworn to and subscribed before me this 17th day of Oct 1843.
clk by Depy
and afterwards to wit on the 19th day of October A D 1843, the original bond refered to in s bill was filed herein which said Bond and endorsements and assignments therein are in the words and figures following to wit
Bond
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 and 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 a half acres of land at ten Dollars per acre lying and being in the county of and aforesaid as follows to wit. 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. 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 in payment for the same fifteen hundred and thirty five Dollars in manner following to wit— one hundred Dollars in hand the receipt where of is hereby acknowledged— Two Hundred on the sixth day of October next seven Hundred dollars 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 from the date hereof as expressed in 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 be come null and void otherwise to be and remain in full force and value 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 LS
In presence of
PS. It is the express understanding that should the within land not hold [p. [449]]