Daniel Brown and Others, Answer, 21–23 November 1850 [United States v. Joseph Smith III et al.]
Source Note
and Joseph Sibley on behalf of Daniel Brown, Joseph Weisbrod, , John G. Kauffmann, Silas G. Strong, Abner Powers, Lewis Telle, and Peter Reimbold, Answer, [], Hancock Co., IL, and , Iowa Territory, 21–23 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. 548–561; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago. Includes seal.
said Joseph Smith died as in said bill alledged, and left him surviving his and heirs as in said bill mentioned and set forth, and that the marriages took place as in said bill alledged, that said Infants named as defendants are such infants and therefore admit the same to be true.
But these Respondants have no knowledge and cannot state from their belief or otherwise what interest they have in the said premises in said bill described except as to the South 1/2 of lot no. 2 Block 118, the South East 1/6 of lot No. 1 Block 119, the South 1/4 of lot No. 4 in Block 126, lot No (3) three, (except the South 106 feet wide off the East 1/2 thereof,) in Block 124, pt. of lot No. 2 in Block 141, commencing at the North West corner thereof, running thence East 146 feet thence South 136½ feet, thence West 146 feet, and thence North 136½ feet to the place of beginning, and lots No. 1 and 2 in Block 149, situate in said City of and upon said South East quarter of section 2 Township 6 North Range 9 West of the 4 principal meridian.
And as to which said tols [lots] these Respondants say that the following are the facts.
That Respondants came to said Illinois sometime subsequent to the year 1846 and then being strangers and wholly unacquainted with the titles to Real Estate in said , (that sometime in said year one Peter Poncier [Poncin] purchased of , and trustees of said Church of Jesus Christ of Latter Day Saints and successors in office of said Joseph Smith deceased and who were then in possession of the same, claiming title in fee, to the South ½ of lot 2 Block 118 in said , and obtained their deed therefor and the possession thereof for a valuable consideration then paid.
(This paragraph relates to Respondant Peter Reimbold)
That said Peter Poncier on the 20 day of August A. D. 1847 for the valuable consideration in said deed named purchased of said while sole, the said premises and obtained her deed therefor, a copy of which said deed (the original thereof not being in the control or power of Respondants to produce) is herewith filed and marked exhibit “A” and made a part of this answer.
That said Poncier on the 14th. day of March 1848, by his deed of that date conveyed to one Isaac Cory [Cary Jr.] the same premises for a valuable consideration in said deed named;—
Which said deed is herewith filed marked exhibit “B” and made a part of this answer.
That said Isaac Cory afterward on the 25th. day of September 1848 by his deed of that date for the consideration of Five hundred and nine dollars and fifty cents, then paid therefor conveyed the same premises to one Godfred [Gottfried] T. Schenk;—
Which said deed is herewith filed marked exhibit “C” and made a part of this answer.