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.
making, delivery and acceptance of the said deed of said to him for said premises, or at the time of the payment of the said purchase money therefor to her, or at any or either of those times, he this defendant any knowledge, notice, information, suspicion or belief that the said Joseph Smith deceased in his lifetime or his estate, or heirs at law after his decease had any right, title claim, interest, or demand, legal or equitable in his own right in and to the said premises, or that at any of the times aforesaid, he had any knowledge, notice, information, suspicion or belief, that the said Joseph Smith was in his life time <in> anywise indebted to the complainants as alledged in said bill or otherwise, nor at any of the times aforesaid had he any knowledge, notice, information, suspicion or belief at any of the times aforesaid, that the said Joseph Smith purchased the said premises of the said and paid the purchase money therefor, that he caused or procured the said and to convey said premises to the said premises to the said , either for the purpose of cheating the complainants as his creditors, or any other creditors of the said Smith, or for any other purpose, nor had this defendant at the several times aforesaid or at either of them any knowledge, suspicion, notice, information or belief that the said Joseph Smith had had any thing to do in purchasing the said premises of the said or any interest in the purchase money paid therefor, but that at each and all of the times aforesaid, that this defendant was informed and believed that the said was the sole and absolute owner legal and equitable of the said premises and had full right power and authority, both at law and in equity and good conscience to convey the same to this defendant and that he this defendant would secure a title and estate in said premises, absolute and undefeasible either at law or in equity or in good conscience.
And that this defendant was by reason of the said premises a bona fide purchaser of the said described premises in good faith and for a valuable consideration and is now entitled to retain, hold and enjoy the same free from all claims or demands of the complainants or others as the creditors of the said Joseph Smith deceased and prays the Court that on the hearing of this cause he may have the same benefit of this his said defence, as fully and as completely as if he had set up and relied upon said defence by way of a special plea.
This defendant admits, that at the time he purchased the said premises he had notice of the records of the said of the said first three deeds whereof copies have been already exhibited with this defendant’s answer.
But he denies that there was anything in the said deeds or the contents thereof to excite the suspicion or belief [p. 636]