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 on the 18th. day of July A. D. 1842 an was issued out of and under the seal of this honorable Court upon the Judgement aforesaid directed to the of the District of which said execution was in due form of law:
That said execution was returned on the 23d day of June 1843 with an endorsement as follows:—
“Nulla bona” Marshal.
That on the 3d day of July 1843 an execution issued on said Judgement in due form directed as the former one which said alias was returned December 18, 1843 with this endorsement viz:—
“I return that on the 7th. day of August 1843, I called on Joseph Smith one of the within named defendant and demanded payment of the within execution which was refused, and said defendant also refused to surrender property of any description to satisfy the same, and I return that I know of no property of either of the within named defendants subject to this execution.
Marshal
By P. VanBergen Depty
I further report that George Edmunds [Jr.] was produced and sworn before me as a witness in the presence of the Guardian ad litem for said Infant heirs of Jos. Smith decd. and of the counsel for the and administrator of said Jos. Smith, and that by him it was proven, that the said Joseph Smith and departed this life in 1844 that in 1846 , and defendants in the Judgement aforesaid left this and have since that time resided without this , and from the date of the rendition of said Judgement have been reputed to be insolvent: that the said Joseph Smith deceased left surviving him children and as stated in said bill; that administration has been from time to time granted in the Estate of said Joseph Smith deceased by the Probate Court of as stated in said bill; and that the said witness had been informed by the administrator of said Joseph Smith that all the personal property of the said Joseph Smith deceased had been applied in the payment of the first and second class of debts under the statute of , and that there was no personal property of the said Joseph Smith remaining in the hands of said administrator at the date of the commencement of this suit.
It was further proven by the said witness, that at the request of the District Attorney of the United States for the District of he has examined the records of the Recorders Office of Illinois, wherein deeds are recorded, and that it appears by said records that the following described real estate had been conveyed to said [p. 661]