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 said answer is not binding on said infants, then the master finds the fact to be that the said Joseph Smith Sr died seized of an undivided 4/5 part of said lots and blocks.
It is further submitted that the judgement of the complainants was recorded against the said Joseph Smith dec’d. June 11, 1842, that an issued thereon on July 18, 4 1842, that said deed last above mentioned was not recorded until the 8th. day of July 1844.
And if upon this state of facts the Court shall be of opinion that said judgement was a lien upon said last mentioned lots and blocks, then the master finds the fact to be that as to the said complainants the said Joseph Smith died seized of the entire interest in said last mentioned lots and blocks of land.
And it further appears from a deed exhibited and proved before me, executed by and wife to the said Joseph Smith deceased in his lifetime, bearing date July 20. 1840, acknowledged in due form July 21, 1840, recorded August 6, 1840, purporting to have been executed for the consideration of $2000, and to convey a fee simple and containing covenants of seizen right to convey against incumbrances of general warranty that the said Joseph Smith claimed title in fee simple to the following lots parts of lots and blocks in the town of
That is to say:—
S 1/4 lots 3 and 4, Blocks 88, 89, and 90
Lot 1, Block 93
Lots 1, 2 and 3 Block 100
[Lots] 1 [Block] 101
[Lots] 1 [Block] 102
Block 103
Lots 1 2 and 3 Block 104
Blocks 105 and 106
Lots 1, 3 and 4 Block 107
[Lots] 2 Block 107 except 61¾ North side N W 1/4 of said lot
[Lots] 4; the N 1/4 lot 3 and lot 2 except 50 ft square N. W. Corner
Block 108
[Lots] 1 and 2 Block 111
[Lots] 1 and 2 [Block] 112
[Lots] 1 and 2 [Block] 113
Lots 1 and 2 Block 115
That said Smith exercised acts of ownership over said land, paid the taxes thereon and died seized of a claim in fee simple thereto.
That the said Joseph Smith in his lifetime claimed title in fee under under the deed last above recited, and exercised [p. 642]