That on the 3rd. day of January A. D. 1844 the said Joseph Smith deceased by his deed conveyed all his interest in the North East quarter of said lot No. 1 Block 127 to one Cyril Call for the consideration of four hundred dollars,
Which said deed is hereto attached and marked “H” and made a part of this answer.
Respondants are now informed in relation to the deed in said bill mentioned from Joseph Smith and to said Joseph Smith as 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 said 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, this respondant is 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 such Trustee afterward, were made in good faith for valuable considerations paid by the purchasers, in execution of his said trust: that these facts respondant has learned and been informed of wholly since his purchases in this his answer mentioned and set forth and before which he had no knowledge thereof; and that his said purchases were made in good faith and for a valuable consideration paid at the said several terms thereof by this respondant and without any knowledge of any fraud or trusts, other than shewn by said deeds,
That this respondant believed that the several purchases were made by the persons named above from said Joseph Smith deceased, in good faith and for a valuable consideration paid by them at the <said> several terms thereof above set forth bona fide and with the full belief that the said Smith had good right to convey the same and without any fraudulent intent whatsoever,
That respondant afterward purchased the same from divers persons then in possession and claiming title in fee through said Joseph Smith (deceased now), that he paid for the same bonafide the sum of eighteen hundred dollars, which is the full value thereof, then believing that he had acquired a good title to the same,
That he at the time of his said purchases had no knowledge, information or belief of any judgement debt, lien or incumbrance against said Joseph Smith or said premises, nor of any collusion, fraudulent conveyances, secret trusts as in the said Bill alledged or whereby any rights legal or equitable could exist, anywhere against said premises, nor of any claim or pretended claim of anyone against said premises, or against said Smith, or his estate, [p. 577]