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.
has ceased to be a lien upon said premises so far as the said is concerned.
It is therefore ordered, adjudged and decreed that the said is the owner of the one undivided fifth part of the premises above described as having been conveyed to her and others by the said Joseph Smith deceased, free and discharged from the lien of said Judgement and claim of the said complainants on law or equity,
And that the other four fifths of said premises are subject in equity to be sold for the payment of said complainants’ claim and Judgement
It is further adjudged and decreed that all of said premises herein before described, subject to the interest of the said , are subject in equity to be sold for the payment of the complainants’ said Judgement, and that the complainants are entitled to be paid in preference to any and all other creditors of the said deceased, that they have a lien in equity thereon for the payment of their said Judgement, and that this Court have jurisdiction to decree the sale of said premises for the payment of said Judgement, and that the defence set up in the answer of the said John M. Ferris as administrator, of his right to control said estate, sell and distribute the proceeds is not sufficient to oust this Court of its jurisdiction,
It is further appearing that the said is entitled to dower in all of said premises,
It is ordered, adjudged and decreed that she be endowed of the one third thereof,
And it appearing to the Court that she is willing to relinquish her dower in said premises upon being paid a sum in lien of her dower to be ascertained upon principles of equity.
It is therefore ordered, adjudged and decreed that the premises herein before described of which the said Joseph Smith deceased died seized and also the undivided four fifths of all the other premises herein before described be sold to satisfy said Judgement and claim of the complainants and costs of suit,
That be and is hereby appointed special master and commissioner to make sale of said premises, make deeds therefore to the purchasers and otherwise execute this decree.
That said commissioner sell said premises at such time and place within the State of as the said Commissioner may appoint, first giving four weeks notice of the time and place of sale and property to be sold by publishing a notice thereof in a newspaper published in [p. 653]