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.
That in his lifetime he paid taxes upon said lots, parts of lots and blocks, offered to sell the same, and exercised other acts of ownership over said lots, parts of lots and blocks, and up to the time of his death claimed the title to said land in fee simple.
That under and by virtue of the same deed the said Joseph Smith in his lifetime claimed title in fee simple to these lots of land in the said town of viz:—
Lots 3 Block 111
[Lots] 3 [Block] 112
[Lots] 3 & 4 [Block] 113
[Lots] 1 2 & 4 [Block] 131
[Lots] 1 & 2 [Block] 135
[Lots] 2 3 & 4 [Block] 136
Block 137
And it appears from a deed executed by the said Joseph Smith in his lifetime bearing date July 12, 1843 to wife of the said Joseph, an adopted daughter of the said Joseph Smith, and children of the said Joseph Smith deceased, duly acknowledged, recorded July 8, 1844 purporting to be executed for the consideration of 10000$ conveyed the lots and blocks last above described to the said , , , and in fee simple.
The bill alledges that this conveyance was voluntary and without any consideration whatever,
Which allegation is admitted to be true by the answer of in her own right, and also as guardian of the said , and who are infants,
since intermarried with Elisha Dixon joins with her said husband in answer to said bill and denies that there was no consideration as far as her rights under said deed are concerned, which denial is admitted by a special thereto.
There is no evidence sustaining the allegation in the bill, and if the Court shall be of opinion that the admission of the said as guardian of the said infant defendants , and is binding upon them, then the special Master aforesaid finds the fact to be that said last mentioned deed was voluntary and without any consideration as to the said , , and and that the said Joseph Smith sod. died seized of an undivided 4/5 of the lots and blocks last above described.