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.
These defendants now and at all times hereafter saving to themselves all and all manner of benefit and advantages of exceptions or otherwise than can or may be had or taken to the many errors, uncertainties and imperfections in the said bill contained.
And here protesting that said complainants have not shewn themselves entitled to any relief in equity as against these defendants for answer thereto or so much thereof as these defendants are advised it is material or necessary for them to make answer to, answering as to Interrogatory 1st. in said bill propounded saith:—
That they have no knowledge of any indebtedness of the said Joseph Smith decd. to the complainants or any other persons except as they are informed of the same by said Complainants’ bill, nor have they any knowledge of the renedition of said judgement and the issuing the s and the returns thereon nor of said judgement remaining due and unpaid, except from information derived from complainants’ bill, nor had they any knowledge information or belief whatever of any of the matter in said Interrogatories mentioned and referred to, nor of any such indebtedness until within the last past six months, which time they have learned only from said bill and rumors that said indebtedness existed and this is all the knowledge or information they have upon the subject and therefore requires proof of the same.
And these respondants further answering as to the 2d. Interrogatory in said bill propounded say:—
That they have no personal knowledge of any of the matters therein stated and referred to but have been informed and believe that said Smith died as in said bill alledged, and left him surviving his and heirs at law as in said bill alledged.
That the marriage took place as in said bill stated and set forth,
That said Infants named as defendants are such infants, and therefore admit the same to be true.
But these respondants do not know and cannot state as to their belief or otherwise, what interest they have in the premises in said bill described except as to lots to wit:—
The West half (1/2) and the North East 1/4 of lot 4 Block 119, and the South East 1/4 of said lot 4 Block 119, lots 1, 2 and 3 Block 122, the South 106 feet wide off the East half of lot 3, and the South West 1/4 of lot 4 Block 124, and the South East 1/4 of lot 1 Block 139. situated in said and upon said South East quarter of section 2 in town 6 North 9 West &c.
And as to which said premises these respondants answering say that the following are the facts:—