he is informed and believes that said Joseph Smith died seized of all the rest and residue of said quarter section, but respondant positively denies, that the estate of the said Joseph Smith deceased ever was seized of any portion of said quarter section or have been since the first day of July A. D. 1845 and says that heretofore to wit:— about the year 1844 was appointed administrator of the Estate of Joseph Smith deceased as in said bill alledged, that afterward and at the May term of Circuit Court A. D. 1845 the said as such administrator filed his petition in the side thereof of said Court for authority to sell so much of the real estate of the said Joseph Smith deceased of which he died seized as should be sufficient to pay his debts and such further proceeding were had therein, that afterwards and during said term a decree was entered in said cause, that the said sell so much of the real estate of the said Joseph Smith deceased as would pay his debts, and that afterwards and on the first day of July A. D. 1845 the said under and by virtue of said decree after having given notice of such sale as required by said decree sold the quarter section aforesaid to one for the sum of four hundred dollars he being the highest and best bidder for the same, that afterwards and at the [blank] term of said Court A. D. 184[blank] made report of said sale to said Court and that thereupon a decree was entered confirming said sale and report and resting the title of that part of said quarter section of which said Joseph Smith died seized as aforesaid in said purchases in fee a copy of the record of which said petition and proceeding therein as aforesaid duly certified are herewith filed and made a part of this answer marked “B.”
That afterwards and on the 21st. day of June A. D. 1847 the said as said administrator made and executed a deed for said quarter section to said the purchaser as aforesaid a copy of which said deed is herewith filed marked exhibit (“C”) and made a part of this answer.
Respondant further says that said purchase by said of said quarter section was made in good faith and that said thereupon paid to said the said sum of four hundred dollars the full amt. of said purchase money.
That afterwards and on the 5th. day of April A. D. 1848 said and Julia Ann [Johnson Babbitt] his wife conveyed said premises by deed to respondant for the consideration of $1000 to them then paid by respondant in good faith, that all the conveyances aforesaid were made in good faith and without any intention of hindering, delaying or defrauding the creditors of the said Joseph Smith deceased.
Respondant further denies that said sale made by said was void as in said bill alledged or that said lands were [p. 611]