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.
Lots one (1) and four (4) on Block no three (3) and all of Block no four (4) in the first addition to Hancock County Illinois
That said premises are subject in equity to be sold to satisfy said Judgement, subject however to the dower of the said widow of the said Joseph Smith deceased and that said complainants are entitled to have said Judgement paid in preference to any other creditors of the said deceased, that they have a lien in equity on said premises for the payment of the said judgement.
That the said is entitled dower in said premises and to be endowed of the one third thereof during her life.
It is therefore ordered, adjudged and decreed that the said premises be sold, to satisfy the said complainants said Judgement (so far as the same will go).
That of Illinois be and is hereby appointed special Master and Commissioner to make sale of said premises under this decree.
That he make sale of said premises at public vendue to the highest and best bidder for the same at such time and place as he may appoint within the State of after first giving notice of the time, place, terms and property to be sold at least four (4) weeks by publication in a weekly newspaper printed in the County of aforesaid; that said sale be made for cash, that said commissioner make deed or deeds to the purchaser or purchasers and otherwise execute this decree, that he pay the costs of such sale and return the balance into this Court at the next term thereof at .
It is further ordered, adjudged and decreed that the said be endowed of the one third part of said premises during her natural life.
And it further appearing to the Court that the said is willing to relinquish her dower in said premises upon being paid in lien thereof one sixth of the purchase money upon the sale of said premises.
Now if the said together with her husband shall within sixty days file in this Court a relinquishment of her dower in said premises.
It is ordered that said sale be made free and discharged of dower, and that said pay to said one sixth of the proceeds of said sale in Lien of her dower, but should she neglect or refuse to make such relinquishment,
It is ordered that said sale be made subject to the dower of said and report herein at the next term of this Court at to which time this caused is continued [p. 668]