said in satisfaction of the debts due by the said Joseph Smith deceased and classed in and by the statute of in such case made and provided as debts of the first and second class; and that said application of said personal estate was made by said administrator as aforesaid before the judgement aforesaid was filed by the said in the probate Court of Illinois, as a claim against the estate of the said Joseph Smith deceased.
6. That by said bill and the admissions of the said answers it appears that the said and his surities upon his administration bond left this in the Spring of 1846 and were at the time of their removal insolvent.
7. That on the 8th. day of August 1848 John M. Ferris was appointed administrator of the said Joseph Smith dec’d. by the Probate of Illinois, in the place of and room of the said whose letters were revoked by the said Probate , all of which was proved before me by the production of the original letters of administration to the said Ferris duly authenticated by the said Probate and there is no evidence of the revocation of said last mentioned grant.
8. By the bill it is alledged and the answers all admit the allegations, that no property of any kind belonging to the estate of the said Joseph Smith deceased ever came to the possession or under the control of the said John M. Ferris administrator de bonis non as aforesaid and that he has been unable to collect from the said or his surities any of the estate of the said deceased.
9. That it appears from the exhibit of a deed before me dated March 23. 1841, which was duly acknowledged and recorded and which said deed was executed by and his wife to the said Joseph Smith, expresses upon its face a consideration of 10000$ purports to convey a fee simple, and contains a covenant of warranty against all adverse titles (except a right of dower in one Elizabeth [Wilcox] Galland) that the said Joseph Smith deceased in his lifetime claimed title in fee simple to the following described town lots situate in the town of and State of viz:—