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.
Transcript of Proceedings, circa 17 July 1852 [ United States v. Joseph Smith III et al. ]
Page 626
him surviving the and heirs in said bill mentioned,
Respondant has no knowledge or information and cannot state to admit or deny the other statements in said bill contained, and denies all combinations and confederaces wherewith he is charged, and having fully answered said bill of complaint and the matters and things therein contained and in answering the same fully answered said Interrogatories, says, that should this Court upon a final hearing in this cause determine that the said complainants are entitled to the relief in their said bill sought and should order the sale of said premises that the Court should order that upon said sale the proceeds thereof be paid to respondant to be paid out in due course of administration of said Estate, or if respondant as such administrator is not entitled to receive and distribute the proceeds of said sales as such administrator, that he would be entitled to his expenses aforesaid and also the overplus of said sales after paying the Judgement of Complainants in said bill mentioned and costs, to be distributed in due course of administration, and therefore prays that upon the final hearing in this cause such decree may be entered as will in equity protect said estate and respondant as such administrator in accordance with equity and good conscience, and that he may be discharged with his reasonable costs and charges herein expended &c
J. M. Ferris Admr
G[eorge] Edmunds Jr.
Solicitor
This day, to wit the Nineteenth day of December in the year of our Lord one thousand eight hundred and fifty came the defendant Joshua Ward by his solicitors, and filed his answer herein.
The seperate answer of Joshua Ward to the bill of complaint exhibited against him and others in the Circuit Court of the United States in and for the district of , by the .
This defendant first saving and reserving unto himself all benefit and advantage of exception to the many errors, uncertainties and imperfections in the Complainants’ bill contained nevertheless for answer unto the said bill and to such parts thereof as he is advised it is material for him to make answer unto, answering says,
That as to whether the complainants recovered against the said Joseph Smith and others, the judgement in the complainants said bill mentioned, at the time and in the Court therein mentioned [p. 626]