Seperate answer of the defendant to the complainants’ bill filed herein.
And the said saving and reserving to himself all and all manner of exceptions to the many uncertainties, informalities and insufficiencies in complainants’ bill for answer thereto or to so much thereof as he is advised it is necessary for him to answer says, he admits that the South East quarter of section 25 in township 7 North, Range 8 West in said bill described was entered by and patented to the said Joseph Smith deceased but respondant positively denies, that said Smith died seized of the whole of said quarter section and says that the said Joseph Smith deceased in his life-time and on the 5th. day of December A. D. 1843 conveyed 30 acres part and parcel of said quarter section and bounded as follows—
Commencing 13 chains and 50 links, South of the North East corner of said quarter, running thence West 20 chains, thence South 23 chains and 68 links, thence East 9 chains and 35 links, thence North 16 chains and 32 links, thence East 10 chains and 65 links, thence North 7 chains and 38 links to the place of beginning to one Robert Burton for the good and valuable consideration of $150 to him paid by said Burton by deed bearing date the day and year last aforesaid and which said deed was recorded in the Recorder’s office of Illinois on the 14th. day of December A. D. 1843 a certificate of which said deed is herewith filed and marked “A” and made a part of this answer, that said Burton afterwards and on the 1st. day of June A. D. 1846 conveyed the premises last aforesaid by deed of that date to one Samuel M. Hamilton for the sum of $135 which said deed is recorded in said Recorder’s office of in the 25th. day of July A. D. 1846, that afterwards and about the 24th. day of July A. D. 1846 said Hamilton conveyed the same by deed to James H. Kennedy for a good and valuable consideration in good faith, which said deed was recorded in said Recorder’s Office of Illinois on the 25th. day of July A. D. 1846, that afterwards and on the 10th. day of April A. D. 1848 said Kennedy conveyed the same by deed to respondant for a valuable consideration and in good faith which deed was afterwards and on the 14th. of April 1848 recorded in said Recorder’s office which said several deeds from Burton to Hamilton, Hamilton to Kennedy and Kennedy to respondant or certified copies thereof will be produced as this honorable Court may direct.