Daniel Brown and Others, Answer, 21–23 November 1850 [United States v. Joseph Smith III et al.]
Source Note
and Joseph Sibley on behalf of Daniel Brown, Joseph Weisbrod, , John G. Kauffmann, Silas G. Strong, Abner Powers, Lewis Telle, and Peter Reimbold, Answer, [], Hancock Co., IL, and , Iowa Territory, 21–23 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. 548–561; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago. Includes seal.
sole Trustee in trust for the said Church of Jesus Christ of Latter day Saints that before the time of the making of the same the said Church was a religious unincorporated Society but had then become a corporation under the laws of the State of :
That said then held the title to said quarter section of land in her own right and to some extent in trust for said religious Society.
But to what extent these respondants are uninformed:
That said conveyance was made in execution of such trust to said Joseph Smith as the head and sole trustee of said corporation and for no fraudulent purpose whatever:
That conveyances by him as sole trustee afterward were made in good faith for valuable consideration paid by the purchasers in execution of said trust:
That these facts respondants have learned have learned and been informed of wholly since their purchase in this their answer mentioned and set forth and before which they had no knowledge thereof and that their purchases were made in good faith and for valuable considerations paid at the several times thereof by these respondants and without the knowledge of any fraud or trusts other than shewn by said deeds
These Respondants do not know, but require proof, that said at the time of his death was insolvent, that said , and were insolvent as in said bill alledged or either of them, nor have they any knowledge, nor can they state from their belief or otherwise as to their residence.
And these respondants further answering as to Interrogatory No. 3 say:—
That they do not know and cannot state from their belief or otherwise whether the said Joseph Smith died seized of all or any of the premises in the complainants’ bill described, except so far as herein before stated.
And for answer to Interrogatory No. 4. say:—
That they have no personal knowledge of the appointment of said administratrix of the Estate of the said Joseph Smith decd. nor of the appointment of said ; nor of the revocation of the said letters of administration, nor of the appointment of the said John M. Ferris administrator D. B. N. but are informed of the same and therefore admits the same to be true as in said bill alledged.
They also admit that inventories and sale bills now filed in the matter of the administratrix of said Estate.
But deny they amounted to the sum in said bill stated and set forth. [p. 557]