John Winter and Others, Answer, 21 November 1850 [United States v. Joseph Smith III et al.]
Source Note
John Winter, Maria Winter, Casamire Winter, Lewis Stutts, Hiram Griffin, Siegmund M. Walther, Isabella Hickox, and Benjamin P. Van Court, Answer, [], Hancock Co., IL, 21 Nov. 1850, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852). Copied [ca. 17 July 1852] in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 535–548; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
That on the 3rd. day of July A. D. 1849 said Benjamin P. VanCourt for the consideration of thirty dollars then paid, conveyed by his deed of that date to said Respondant Hiram Griffin the said South 1/3 of said lot 3,
Which said deed is herewith filed marked “F” and made a part of this answer.
Whereby as your Respondants are advised the legal and equitable title to the whole of said lot 3 Block 119 became vested in said Respondant Hiram Griffin and he claims the same in fee,
S. M. W.
This paragraph relates to respondant Sugermund M. Walther
And these Respondants for further answer says that said Joseph Smith on the 9th. day of September A. D. 1842 by his deed of that date for the consideration of seven hundred and fifty dollars conveyed to one all his interest in said lot No. 2 in Block 140 in said , a copy of which said deed duly certified from the records in the Recorder’s Office of said County of Illinois, (the original not being in Respondants control or power to produce) is herewith filed marked exhibit “G” and made a part of this answer.
Whereby as respondants are advised all interest in said No 1 Lot of said Joseph Smith became vested in said .
That said while sole and after the death of said Joseph Smith by her deed made a part of this answer and marked exhibit “B” conveyed to said B. P. VanCourt the whole of said lot 2 Block 140.
That said VanCourt by his certain two deeds one dated the 1st. of October 1849 and the other 21st. of March A. D. 1849 for the consideration of two hundred and twenty five dollars then paid to said VanCourt by said Walther who was then in possession of the same claiming title in fee, conveyed, the North half of said lot, except (54) feet off the East side thereof and 82 feet East and West by 20 feet North and South off from the North and East sides of the North half of the South half of said lot to Respondant Sugermund M. Walther.
And Respondants are advised and so charge that by the conveyances of said Joseph Smith to said , and said to said VanCourt, all interest of said Joseph and said to said lot No. 2 Block 140 was divested out of them or either, and each of them, and he claims the same in fee.
And Respondant further answering— say,
B. P. V.
This paragraph relates to respondant Benjamin P. VanCourt.
That said while sole on the 26th. day of August A. D. 1847 by her deed of that date, herein before referred to as filed marked exhibit “B” conveyed all her interest in said premises to wit: