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.
Your Orators further show that afterwards to wit, on the 3d. day of July A. D. 1843, your orators sued out of said clerk’s office an writ of directed to said and again commanding him to make of the goods, chattels, lands, tenements and real estate of the said defendants in said judgement the amount of said debt, damages and costs, adjudged as aforesaid, to your orators by said Court, which alias writ the said afterwards, to wit, on the 18th. day of December A. D. 1843 returned into Court, having first endorsed thereon, as his return to the command of said writ “No property found of the defendants subject to said ”; all which will more fully and at large appear by reforence to said writs of fieri facias, now on file in said Clerk’s office of said Court to which your orators pray leave to refer.
Your Orators further show that the said one of the defendants in said judgements, has since the renidition of said judgement departed this life, and that the said was at the time of his said decease, totally insolvent, and left no estate, real or personal, to be applied to the payment of said judgement.
Your Orators further show that the said , and , defendants in said judgement, are each and all wholly insolvent, and non-residents of the State and District of .
Your Orators further show that after the renidition of the said judgement, to wit, on the ninth of June A. D. 1844 the said Joseph Smith one of the defendants in said judgement departed this life intestate leaving surviving him, his widow, defendant herein, and , , and , his children and heirs at law, defendants herein, and that after his said decease, the said his widow, gave birth to the said , defendant herein, and the legitimate child and one of the heirs at law of the said Joseph Smith deceased;
Your Orators further show that the said children , , and are all infants under the age of twenty one years and under the guardianship of their mother the said ;
Your Orators further show that at the decease of the said Joseph, the said , defendant herein was the adopted daughter of the said Joseph under the name of , that she has since intermarried, with the said defendant Elisha Dixon, and that she now claims to be interested in the estate of the said Joseph, deceased in some manner unknown to your orators.
Your Orators further show that after the decease of the said Joseph Smith, to wit, in the year 1847, his [p. 489]