Transcript of Proceedings, , Sangamon Co., IL, ca. 17 July 1852, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852); U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 486–697; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
said defendant widow of the said Joseph Smith deceased claimed to own said lot no. two in Block one hundred and seventeen in aforesaid in fee simple and respondant being desirous of obtaining the title thereto in fee from all claim of said her interest and title to said premises for which he paid her a good and valuable consideration and took from her a warrantee deed therefor, which said deed is recordered in the Recorder’s office of Illinois, a copy from which will be produced as this Court may direct all of which said several deeds herein before mentioned were made and recordered as therein stated, long before the commencement of this suit,
Respondant further answering says, that he purchased said several premises before mentioned without notice or knowledge or information of the indebtedness of the said Joseph Smith deceased or of his having or holding any interest in the same, then and there believing in good faith that he the respondant was thereby obtaining the fee simple absolute title of said several premises free and discharged from all claims whatever, and paid therefor in good faith all the said several premises were then reasonably worth (and more than they are now worth) that he paid to said Leman for the property purchased from him as aforesaid the sum of $425, that he paid to the said the sum of one hundred dollars, that he has since said purchase and without notice of any claim of complainants or of any other person upon said premises in good faith made valuable and permanent improvements in said premises by the erection of buildings thereon of the value of $500.
Respondant further says, that after he purchased said premises of said Lemen as aforesaid said claimed to own said premises so purchased in fee and conveyed or attempted to convey the same to one Benjamin P. VanCourt. that afterwards the said VanCourt claimed to hold the title of said premises in fee, that respondant being desirous to quit his title to the same purchased from the said VanCourt his interest therein in good faith and paid therefor a large sum of money agreed upon between said VanCourt and respondant, but the precise amount respondant is unable to state, that he made said several purchases without any knowledge of any claim or interest of the said Joseph Smith deceased in said premises or any part thereof and without any knowledge of the indebtedness of said deceased in said bill mentioned,
Respondant further denies all and all manner of combinations, or confederacies wherewith he is charged for any purpose.
Respondant further as to that part of the complainants’ bill which charges the situation of the records of &c were notice of the interest of said Joseph Smith deceased in [p. 599]