from Hugh Rhodes administrator of the estate of said Eli <Eri> Rhodes then deceased, a conveyance of said premises to said and said by the request and under the direction of said Joseph Smith deceased and without consideration conveyed said premises to said defendants by the name of , , and , and that said , , and are now in possession of said premises under said title,
That the said Bond for a deed of said premises was assigned by said Smith to said without consideration and for the fraudulent purpose of hindering, delaying, and defrauding your Orators in collecting their said debt.
And charge that the said purchase money for said premises was paid and promised to be paid by said Smith, while he was indebted as aforesaid to your Orators.
And said Bond of <for> Deed of said premises assigned and title thereto promised by said Smith to be made to said and by said to said defendants , and , for the purpose of hindering, delaying and defrauding your Orators in the collection of their said debt and wholly without consideration.
Your Orators further state that the said Joseph Smith deceased in or about the month of April A. D. 1839, procured one to purchase from one
The South East qr. of section no. two in township no. six North of Range No. Nine West of the 4th. Pl. meridian in for the use of and to be controlled by said Smith deceased.
That said made said purchase,
That after said purchase was made said Smith deceased laid out and caused said quarter section to be laid out into town lots in the town now City of , and controlled and managed the sale thereof.
That said gave to said a Bond for a deed of said premises upon such purchase the deed to be made upon the payment of certain sums of money in said Bond mentioned to your Orators unknown.
That afterwards and about the month of March A. D. 1840, the said without consideration assigned said Bond for deed to said Joseph Smith deceased.
That afterwards but at what particular date your Orators are not informed and cannot state the said Joseph Smith deceased made and caused to be made [p. 497]