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

  • Source Note
  • Historical Introduction
Page 446
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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
afterwards to wit on the said thirty first day of July A D 1843, the by his solicitor filed in the s office of the circuit court of said his which said precipe is in the words and figures following to wit.
Precipe
)
vs)
Eunice [Wright] Rhodes et al)
Issue Subpoena for Eunice Rhodes, Orrin Rhodes, Alonzo Rhodes, Alvin Rhodes William W Rhodes, Joseph Smith, Robert B Rhodes and Helen Rhodes, . also for Hugh Rhodes as Administrator of Erie Rhodes dec’d directed to the Sheriff of Knox County Illinois returnable at the October Term.
To the of the Circuit Court of Illinois
July 25th 1843.
& Sol. for
On the filing of the above precipe the following summons’s were issued herein to wit, [p. 446]
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
afterwards to wit on the said thirty first day of July A D 1843, the by his solicitor filed in the s office of the circuit court of said his which said precipe is in the words and figures following to wit.
Precipe
)
vs)
Eunice Wright Rhodes et al)
Issue Subpoena for Eunice Rhodes, Orrin Rhodes, Alonzo Rhodes, Alvin Rhodes William W Rhodes, Joseph Smith, Robert B Rhodes and Helen Rhodes, . also for Hugh Rhodes as Administrator of Erie Rhodes dec’d directed to the Sheriff of Knox County Illinois returnable at the October Term.
To the of the Circuit Court of Illinois
July 25th 1843.
& Sol. for
On the filing of the above precipe the following summons’s were issued herein to wit, [p. 446]
Page 446