described and hereby expressly waived all title, claim or interest in any of the said real estate in the said bill described except the property hereinafter described and that he is therefore advised that it is not necessary or material for him further to answer, as to the said property to which this defendant claims no title or interest or to the allegations in the said bill contained relating to the same.
This defendant further answering says
That if the complainant ever recovered against the said Joseph Smith and others the judgement in the said bill mentioned as alledged in the said bill, that he this defendant is still wholly ignorant whether such judgement has wholly or in part been paid except as he is informed by the said bill and by rumor and cannot therefor either admit or deny that the said supposed judgement remains due and unpaid to the complainant and therefore insists that the complainant be required to make full and strict proof of the same.
This defendant further answering says
That it is true that on or about the twenty ninth day of September eighteen hundred and forty one one and his wife of the County of and State of for the price and consideration of three thousand dollars in the deed hereinafter mentioned expressed to be to them paid by the said , in the complainant’s said bill mentioned and who was then the wife of the said Joseph Smith deceased, by their certain deed of that date granted, bargained, sold, conveyed and confirmed unto the said her heirs and assigns forever certain tracts of land in the said bill mentioned, and in the said deed more particularly described as four certain tracts of land known and described as follows to wit:—
The North half of the North West quarter of section numbered four in township two South of Range eight West of the fourth principal meridian containing one hundred and five acres and eighty five hundredths of an acre; also the North West quarter of the North East quarter of the same section township and range as aforesaid containing forty five acres and nearly one hundreths of an acre; also the West half of the South half of the North West quarter of section numbered four township and range as aforesaid containing forty acres; also the lot of ground in the North West corner of the South West quarter of the North East quarter of section numbered four township and range as aforesaid being twelve poles and five feet East and West and twelve poles North and South and designated by stone corner and containing near and acre of land containing in the whole one hundred and ninety six (196) acres of land be the same more or less, to have and to hold the said premises [p. 628]