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.
Which said deed is herewith filed and marked exhibit “M” and made a part of this answer,
That Respondant is advised that Joseph Smith deceased on the 1st. day of September A D. 1843 by his deed of that date, conveyed whatever interest he had in said South East 1/4 of lot 4 Block 119 to one Silas W. Condit, a copy of which said deed is herein before in this answer referred to as exhibit “B” and made a part of this answer.
Respondants are advised that by virtue of said deed from said Joseph Smith deceased to said Condit, whatever interest said Smith had in said premises became divested out of him, and that by virtue of said conveyances from and under said and her said husband, the title of said premises became vested in said Respondant Daniel Elliott and said Elliott claims said South East 1/4 of lot 4 Block 119 and Said South West 1/4 of lot 4 Block 124 in said in fee.
Respondants further answering say:
That said Joseph Smith deceased on the 30th. day of March A. D. 1843 by his deed of that date for the consideration of three hundred dollars conveyed all his interest in the following premises.
This paragraph relates to Respondant Lorenzo Risse’s title &c.
All of said lot No. 3 in said Block 124 except 100 feet North and South by 50 feet East and West in the South West corner thereof to one , a copy of which said deed duly certified from the records of the Recorder’s office of said County of , (the original not being in the control or power of Respondants to produce,) and herewith filed marked exhibit “N” and made a part of this answer.
That said respondant Lorenzo on the eighth day of October 1847 for the consideration of one hundred and fifty dollars then bonafide paid therefor, purchased the same premises of one Wm. B. Lawrence and obtained his deed of that date therefor to said Respondant Risse, and obtained the possession of said premises from said Lawrence who was in the possession thereof at the time of said purchase, claiming title in fee thereto through <the conveyance of said Joseph Smith to said> before mentioned and by divers conveyances from that source, and that respondant Risse then supposed and believed that he had obtained a good title to said premises, that he afterwards was informed, that the title to said lot 3 Block 124 was in one Darwin Edmunds derived to him through said and her said husband Lewis C. Bidamon.
That the said Respondant Risse on the 3d day of May A. D. 1849 purchased of said Darwin Edmunds the same premises described to wit:—
As the South 106 feet wide off the East half of said lot No. 3 Block 124 in said , and obtained his deed therefor of that [p. 566]