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.
conveyed or attempted to be conveyed by said without authority to make the same or said sale being made as in said bill alledged or that said sale, report and deed or any or either of them are fraudulent and void as in said bill alledged and says that said petition was filed decrees had report and deed made as herein before stated in good faith and without any intention of hindering delaying or defrauding the creditors of the said Joseph Smith deceased and not otherwise.
And so respondant says that the said 30 acres part and parcel of said quarter section was conveyed by the said deceased in his lifetime and regularly conveyed to respondant as aforesaid and that after the death of the deceased, the balance of said quarter section was in good faith and for a valuable consideration conveyed by the of the estate of the deceased to said and by said to respondant as before herein stated, and respondant says that he has always been informed and believes that the proceedings in said sale were regular and passed the title of Joseph Smith deceased in said quarter section to the purchaser free and discharged from all claims whatsoever and that the proceeds of said sale and not the said premises should be applied to the payment of the debts of the said deceased.
Respondant further says that at the time of the purchase by him as herein before stated he had no knowledge of the Judgement in said bill mentioned or of any other indebtedness of said deceased.
That afterwards and on the 22d day of December A. D. 1849, he conveyed the East half of said quarter section by deed of general warranty to the firm of Wood, Abbott and Co. merchants of , Pennsylvania in good faith and for the valuable consideration of $800, and without any notice of the judgement in said bill mentioned or of the existence of any other debts of the said deceased which would in any manner effect the premises aforesaid and without any intention to hinder, delay or defraud the creditors of the said deceased.
Respondant now being informed of the judgement and partners thereto and of the time of the renedition thereof by means of the exhibition of the said bill of complaint, says, that from the time of the renedition of said Judgement up to the year A. D. 1846 the said , and were residents of this district and during all that time had in their own name of record in the County of aforesaid, real estate subject to sufficient to satisfy the Judgement in said bill mentioned and that the said Joseph Smith and from the time of the renedition of said Judgement up to the day of their deaths on the 27th. day of June A. D. 1844 were seized in their own right of record in said County of , real estate abundantly sufficient to satisfy the [p. 612]