and for the purpose of securing the payment of the same he executed said mortgage.
That afterwards and on the 23d day of May A. D. 1845 the said and Lucy [Brown Smith] his wife the said being the owner in fee of the said South half of lot 4 in Block 117 aforesaid Mortgaged that part of said lot first aforesaid described herein, the same to respondant to secure the sum of five hundred dollars then loan by respondant to said to be paid by said six months from date thereof and respondant says, that no part of said sum of five hundred dollars or interest thereon accruing has ever been paid to respondant and respondant has no security for the payment thereof, except the Mortgage aforesaid, that said mortgage was recorded in the Recorder’s Office of Illinois in the 20th. day of November A. D. 1845 and will be produced as the this honorable Court may direct, that afterwards and about the 7th. day of November A. D. 1845 said conveyed the said South half of lot 4, in Block 117 in to , that said afterwards and about the year A. D. 1846 conveyed the same by deed to , and by deed and said , and afterwards and on 19th. day of May A. D. 1847, conveyed that part of said premises first herein described by deed to respondant and afterwards and about October A. D. 1847 conveyed the balance of said South half of lot No. 4 Block No. 117 to Phineas Kimball aforesaid by deed, that afterwards and about October A. D. 1847 one claimed to own said lot 4 on Block 117, and conveyed the same to one B. P. VanCourt by deed and afterwards and about the year A. D. 1848 said VanCourt conveyed the same by deed to said Phineas Kimball, all of which several deed and mortgages were made in good faith and for a valuable consideration and without any intention to hinder, delay or defraud creditors as in said bill alledged, and said deeds or copies thereof duly certified from the records of Illinois will be produced as this Honorable Court may direct.
Respondant further says that after the making the Mortgage aforesaid from said Smith to said and after the same became due, the monies secured thereby remaining unpaid, said filed his in the Circuit Court against said et als to foreclose said Mortgage and such proceedings were had therein that at the April term of said Court A. D. 1847 a decree was entered foreclosing said mortgage and ordering said premises to be sold to satisfy said decree and costs which amounted in all to $405, that afterwards and on the 25th. day of August A. D. 1847 a master in Chancery of said Court duly sold said premises according to said decree upon which said respondant became the purchaser for the said sum of $405, and then and there paid the same in satisfaction of said decree and costs and took from said a certificate purchase therefor, that said [p. 605]