Charles Wetzel and Others, Answer, 21–22 November 1850 [United States v. Joseph Smith III et al.]
Source Note
Charles Wetzel, Laurenz Risse, Bernard Icking, Simon Grill, Samuel M. Chapman, and Daniel Elliott, Answer, [], Hancock Co., IL, 21–22 November 1850, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852). Copied [ca. 17 July 1852] in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 561–574; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
That said Joseph Smith in like manner on the 25th. day of April A. D. 1843 for the consideration of the sum of two hundred and fifty dollars by his deed of that date conveyed to one all his interest in said block 139,
A copy of which said deed duly certified from the records of the Recorder’s office of said (the original thereof not being in the control or power of respondant to produce) is herewith filed marked exhibit “E” and made a part of this answer,
This paragraph relates to respondant Bernard Eking
That said respondant Bernard Eking claims, the South half of the said North East 1/4 of lot 1 Block 139 by divers conveyances through and under said Joseph Smith’s granters, he having purchased the same of the heirs of one T. Dollinger for the consideration of two hundred and fifty seven dollars then actually paid bonafide and went into possession thereof under such purchase with the belief that he had acquired a good title thereto bona fide that afterward a claim of said of title was set up to said premises,
And he then to wit, on the 19th. day of November A. D. 1849 purchased for the consideration of one hundred dollars then paid, of the said and her then husband Lewis C. Bidamon and obtained their deed of that date therefor to him.
Which said deed is herewith filed marked exhibit “F” and made a part of this answer.
And that he is advised by virtue of said conveyances from said Joseph Smith all his interest in said premises became divested out of him and that by virtue of the said deed of the said and her said husband to said respondant B. Eking the title to said premises last above described became vested in said respondant Eking and said respondant B. Eking claims said South 1/2 of said North East 1/4 of lot 1 Block 139 in fee.
This paragraph relates to respondant Charles Wetzel.
Respondants further answer as to said North East 1/4 of lot 1 Block 139, that respondant Charles Wetzel on the 29th. day of March A. D. 1849 purchased of one Cassimer [Casimir] Keller 42 feet North and South by 98 feet East and West off the North side of said North East 1/4 of lot 1 Block 139 commencing at the North East corner of said lot, who claimed title by divers conveyances from and under said Joseph Smith in virtue of the conveyances made by said Smith and last above in this answer mentioned.
That said respondant Wetzel paid therefor the sum of three hundred dollars bonafide and obtained the possession thereof of said premises from said Keller then believing that he had obtained a good title thereto and obtained said Keller’s deed therefor,
Which said deed is herewith filed marked exhibit “G” and made a part of this answer.
That afterwards it was alledged that the title to said premises was in said , that he then purchased [p. 564]