John Winter and Others, Answer, 21 November 1850 [United States v. Joseph Smith III et al.]
Source Note
John Winter, Maria Winter, Casamire Winter, Lewis Stutts, Hiram Griffin, Siegmund M. Walther, Isabella Hickox, and Benjamin P. Van Court, Answer, [], Hancock Co., IL, 21 Nov. 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. 535–548; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
That by said conveyances (as Respondants are advised the title to said last mentioned premises became vested in said Isabella Hickox and her heirs.
That on the 26th. day of August 1843 the said Joseph Smith deceased by his deed of that date, for the consideration of two hundred dollars conveyed all his interest in the undivided one third part of the East half of said lot to which said deed is herewith filed marked exhibit “K” and made a part of this answer.
That said Joseph Smith in like manner on the 28th. day of December A. D. 1843 by his deed of that date conveyed all his interest in the West undivided one third part of said lot 3 in said Block 125 to for the valuable consideration in said deed named, a copy of which said deed (the original not being in the power or control of Respondants to produce) duly certified by the Recorder of said County of , is herewith filed marked “L” and made a part of this answer, that said Joseph Smith in like manner, on the 7th. day of June A. D. 1842, by his deed of that date conveyed all his interest in the West 1/2 of said lot 3 Block 125 of said lot to one J[ohn] Bowen for the consideration of eight hundred dollars a copy of which deed (the original not being in the control or power of Respondants to produce) duly certified from the records in the Recorders Office of said County of , is herewith filed marked exhibit “M” and made a part of this answer.
By which said conveyances from said Joseph Smith deceased Respondants are advised all interest of said Smith in and to said West 2/3 of said lot 3 in Block 125, became divested out of him.
Respondants further answering say:
That the said then being sole, on the 26th. day of August 1847 by her deed of that date conveyed to Benjamin P. VanCourt said lot No. 1 block 125 for a valuable consideration in the said deed named,
Which said deed is herewith filed marked exhibit “B” and made a part of this answer,
This paragraph relates to respondants Maria Winter, John Winter her husband and Casamier Winter Infant &c.
That said VanCourt afterwards on the 17th. day of May A. D. 1849 for the consideration of one hundred and fifty dollars then paid, by his deed of that date, conveyed the same lot to one Milton M. Morrill
Which said deed is herewith filed marked exhibit “N” and made a part of this answer.
That said Milton M. Morrill afterward on the 5th. day of April 1850 by his deed of that date, for the consideration of twenty five dollars conveyed the same lot to Respondant Maria [p. 539]