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.
acts of ownership over the following described lots, parts of lots and blocks of land in the said town of and State of viz:—
Lots 1, 2 and 3 Block 95
Blocks 96, 97 and 98
Lots 1 and 2 Block 99
[Lots] 4 Block 104
[Lots] 2 and 3 [Block] 109
Block 110
All of which lots and blocks were conveyed in fee simple by the said Joseph Smith in his lifetime to widow of the said Joseph, adopted daughter of the said Joseph and since intermarried with Elisha Dixon, and sons and heirs at law of the said Joseph Smith deceased, which said deed bears date July 12, 1843, was duly acknowledged and recorded July 8. 1844 and expresses upon its face a consideration of $10000,
The bill aforesaid alledges, that said deed was made without any consideration whatever,
This is denied by the answer of Dixon and and the denial is admitted to be true by the special to said answer.
answering in her own right and as guardian of the said infant defendants , and admits that there was no consideration for said deed.
There is no other evidence in the case as to the consideration of said conveyance.
It is again repeated, that the judgement of complainants was recovered against the said Joseph Smith June 11, 1842 and an issued thereon July 18, 1842 and that said deed was not recorded until July 8, 1844.
And it is submitted to the Court.
1 That if said judgement was and is a lien on said lots and blocks, then as to the said complainants, the said Joseph Smith died seized of the whole of said lots and blocks.
2. If said judgement is not a lien upon said lots and blocks, and the admission of the said is binding upon said infants, then the said Joseph Smith died seized of an undivided 4/5th of said lots and blocks,
3. If said judgement is no lien and said answer is not binding on said infants, then the said Joseph Smith died seized of only one undivided 1/5 part of said lots and blocks.
10. The bill alledges that the said Joseph Smith died seized in fee of the following described lands, that is to say:— [p. 643]