Charles Wetzel and Others, Answer, 21–22 November 1850 [United States v. Joseph Smith III et al.]
Source Note
Charles Wetzel, Laurenz Risse, Bernard Icking, Simon Grill, Samuel M. Chapman, and Daniel Elliott, Answer, [], Hancock Co., IL, 21–22 November 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. 561–574; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
date for a valuable consideration in said deed mentioned then paid bonafide.
Which said deed is herewith filed marked exhibit “O” and made a part of this answer.
That said together with her Said husband on the 14th. day of January 1848 by their deed of that date for a valuable consideration in said deed named conveyed the same premises together with other lots to one Nathan Prentice and respondant Daniel Elliott a copy of which said deed is herein before referred to and made a part of this answer marked exhibit “J” and is here referred to,
That said Nathan Prentice and respondant Daniel Elliott on the 20th. day of January A. D. 1849 by their deed of that date for a valuable consideration therein named conveyed the same premises together with other lots, to the said Darwin Edmunds, a copy of which said deed is herein before referred to marked exhibit “K” and made a part of this answer.
That respondants are advised, by virtue of said recited conveyances the title to said last described premises became vested in this respondant Lorenzo Risse and he claims the same in fee.
This paragraph relates to respondant Saml. M. Chapman.
And respondants further answering as to lots 1, 2 and 3 Block 122 in said say:—
That on the 28th. day of October 1847, , and as Trustees of the Church of Jesus Christ of Latter day Saints and successors in Office of said Joseph Smith deceased, being in possession and claiming a right to convey in fee said lots No 1 and 2 in said Block 122, for the consideration of seventy five dollars, then paid them bona fide by respondant Samuel M. Chapman sold and by their deed of that date professed to convey to said Respondant Chapman said premises in fee,
That he obtained the possession of the premises and their said deed for the same bona fide and with the full belief that he thereby acquired the title to said lots. that afterwards he was informed that the title to said lots was in one Darwin Edmunds who derived title to the same through said and her said husband and that the title to said lot 3 in said Block 122, was in respondant Daniel Elliott who in like manner derived title to the same from said and her said husband,
That he on the 25th. day of May A. D. 1849 purchased of said Edmunds said lots 1 and 2 and obtained his deed therefor of that date, for a valuable consideration therein mentioned,
That he on the same day and year in like manner purchased of said Respondant Daniel Elliott said lot No. 3 Block 122 and obtained his deed therefor of that date for the consideration of one hundred and five dollars then bonafide paid him therefor [p. 567]