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.
of March A. D. 1842, the said Joseph Smith deceased was seized of the East half of the South East qr of section No. 31, in township no. 5 North of Range No. eight West.
The West half of the North East qr of section no. five and the East half of the North East qr. of section No. six in township No. four North of Range 8 West in said bill described and that on that day he conveyed the same to said defendants , , and (by the name of Smith) that as to the said , and , there was no consideration except that of love and affection, but as to the said there was a good and valuable consideration other than love and affection for property of said in the hands of said Jo. Smith deceased,
That said conveyance was made as aforesaid before the renidition of the Judgement in said bill mentioned
And the said on the part and behalf of said defendant says that at the May Term of the Circuit Court A. D. 1845 the owners of the last aforesaid three tracts of land having failed to pay the taxes due the County of and State of for the year A. D. 1844, which had been duly assessed thereon, Judgement was obtained against said premises for the taxes due the and aforesaid thereon and said premises were afterwards duly sold for said taxes at the tax sale of said in the year A. D. 1845 at which sale one became the purchaser of said several tracts last above described for the amount of taxes and costs, that said purchased the same in good faith, and afterwards for a valuable consideration assigned the certificates of purchase thereof to one and said for a valuable consideration assigned the same to this defendant for the use and benefit of the said , and the said being an infant respondant his guardian being desirous to keep the title of said premises in such condition that it could be conveyed without resort to a Court of , took the title thereto from the Sheriff of said to Respondant by the name of by deed dated July 26th. 1847, to hold the same in trust for said a copy of which deed is herewith filed marked “A” and made part of the answer.
And said Respondant afterwards, being about to intermarry with defendant Lewis C. Bidaman, conveyed the same to William S. Clapp to hold the same in trust for said and afterwards said Clapp conveyed the same to the said who now holds the same.
And Respondant and positively deny that said tax title was procured by collusion or with any intention [p. 514]