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.
the time in said bill alledged by said Smith and others while acting as such Trustee or agent, that said Joseph Smith did as such Trustee execute sundry deed for portions of land or lots to divers persons and said Joseph together with said did convey, and said after the decease of the said Joseph did also convey sundry of said lots to divers persons, that said Smith as such trustee or agent did to some extent control the sale of said town lots, but not otherwise.
Respondant denies that said conveyances or either or any of them were made for the purpose of hindering, delaying or defrauding the complainants or any other of the creditors of said Joseph Smith in the collection of their debts, or in fraud of any rights of the said complainants.
Respondant admits; as he is now informed; that said conveyances are recorded as in said bill alledged.
This Respondant does not know, nor can he state as to his belief or otherwise, as to any other of the matter in said 7th. interrogatory referred to.
And this respondant further answering as to the 8th. Interrogatory in said bill propounded saith:—
That he does not know, nor can he state as to his belief or otherwise, as to any of the matter and things therein in said bill referred to.
And this Respondant further answering as to Interrogatory No. 9 says:
That he does not know, nor can he state as to his belief or otherwise whether the said of the premises in the said bill described or any part thereof is entitled to be endowed, other than the premises herein before described as owned by this respondant, and as to these premises respondant denies that she is entitled to be endowed therein or any part thereof, and charges that since the death of said Joseph Smith, that she has conveyed by deeds in fee to this respondant and to said Elliott and Prentice all of said premises.
Which said deeds are herein this answer before referred to and made a part of the same.
This respondant denies all fraud, combination or collusion whatever, of which he stands charged in the bill of complaint.
Respondant prays that he may have the same benefit and advantage of any defence herein set forth, the same as if such matters had been specially pleaded.
And as to any and all matters in said bill contained and not herein fully answered.
Respondant does not know nor can he state as to his belief or otherwise, and now having fully answered all of the matters and things in said bill, prays hence to be dismissed with his co[s]ts in this behalf most wrongfully sustained.
Gacque Martin
By & Libby [Joseph Sibley] his slors [solicitors] [p. 581]