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.
bill in reference thereto and requires and insists that the complainants make full and strict proof of the same.
But he believes it to be true as is alledged in the said bill and therefore admits that said had the possession and use and control of the said premises and remained in the possession thereof <& received to her own use the rents & profits> from the time of the death of the said Joseph Smith ’till the year A. D. 1846 and ’till the sale and conveyance thereof by her to this defendant as hereinafter stated.
This defendant further answering says:—
That a short time previous to the purchase of the premises aforesaid as herein after mentioned this defendant removed from the State of , where he had been residing for many years to the County of and State of and that soon after he had so removed to said he learned that the said premises belonged to the said of the City of in the County of and State of and that the said premises were for sale and being desirous to purchase a farm in said he applied to become the purchaser thereof and that it was finally agreed between this defendant and the said that the defendant should have said premises for the sum of two thousand dollars in cash, and in pursuance of the said trade the said at the completion of said agreement and te[r]ms of said sale for the consideration of two thousand dollars which this defendant then paid her for said premises did on the 22d day of May A. D. 1846 by her deed of that date for and in consideration of the said sum of two thousand dollars in said deed expressed to be to her by this defendant paid therefor, granted, bargained and sold unto this defendant his heirs and assigns the premises in the said deed described and being the same premises mentioned in the deeds copies whereof have already been by this defendant exhibited with this answer to the complainants’ bill, together with all and singular the rights, privileges and appurtenances to the same belonging or in any wise appertaining, to have and to hold unto him the said Joshua Ward his heirs and assigns forever to his and their only use and behoof, and the said did in and by her said deed covenant to and with this defendant that she was seized in fee simple absolute of said premises and had a good right to sell and convey the same as aforesaid and that she would forever warrant and defend the title thereof unto this defendant his heirs and assigns and which said deed was by the said afterwards and on the 23d day of May A.D. 1846 duly acknowledged before one of the Justices of the Supreme Court of the State of according to the laws of the said State, and by her delivered to this defendant as her int. and deed for the purpose of conveying to him [p. 634]