in the 27th. day of August A. D. 1847 a certified copy of which is herewith filed marked “A” and made a part of this answer, which deed was made as aforesaid for the good and valuable consideration of over one thousand dollars then paid by the said to the said Joseph Smith deceased, that said purchase by said and conveyed by said Smith deceased, was prior to the renedition of the Judgement in said bill mentioned in good faith for the valuable consideration aforesaid and not for the purpose of hindering, delaying or defrauding the creditors of Joseph Smith deceased as in said bill alledged.
Respondant further says that after the purchase aforesaid by said , said in good faith made permanent and valuable improvements in said premises to value of over $5000 and afterwards conveyed the South half of said Lot in good faith and for a valuable consideration on or about the 3d day of May 1845 to in this answer before mentioned a delivered possession thereof to said and that part of said premises first above herein described respondant claims to own in fee by the tenor herein before stated and set forth derived through said and as herein before stated;—
That said owns the fee simple title to the balance of said lot 4 on Block 117 as respondant is informed and believes devised to him in manner herein before stated and set forth through said Joseph Smith deceased and and that respondant has a lien upon the same under said judgement, executions, sales and certificates of purchase as aforesaid.
Respondant asserts that in the year of 1848 said lot 4 in Block 117 was sold for the taxes of 1846 and 1847 to said as respondant is informed and believes and that part of said lot first herein above described was assigned to <respondant> by said respondant upon the back of said certificate of purchase, that said sale and purchase was made in good faith and not to hinder, delay or defraud the creditors of the said Smith deceased, that respondant knows nothing farther relative to sale for taxes of said lot 4 in Block 117.
Respondant further denies all and all manner of combination or confederacies wherewith he is charged for any purpose whatever.
Respondant further says as to that part of the complainants’ bill which charges the situation of the records of Illinois &c were notice of the interest of the said Joseph Smith deceased in said premises are insufficient in law or in law or in equity to require him to answer the same and so that part of said bill he demurs. [p. 607]