This respondant further answers that afterwards about the month of January A. D. 1848 he was informed for the first time that the title to lots 2 and 3 Block 127 of said premises were in one Daniel Elliott and Nathan Prentice by reason of the conveyance in said bill alledged from said Joseph Smith and (now ) his wife to said Joseph Smith as sole trustee in trust for the Church of Jesus Christ of Latter day Saints, on account of the same being void for want of sufficient parties thereto the said Elliott and Prentice having obtained a deed of said premises from said and her husband, after the death of said Joseph Smith,
Which said deed bears date the 14th. day of January A. D, 1848 a copy thereof duly certified from the records of the recorder’s office; (the original not being in the control or power of this respondant to produce) is in this cause filed with the answer of Daniel Elliott and others and made a part thereof marked exhibit “J” and which is here referred to and made a part of this answer.
This respondant then being advised to purchase the title of said Elliott and Prentice did on the 26th. day of January A. D. 1848 purchase the same and obtained their deed for said premises last above described for the consideration of one hundred dollars and paid the one hundred dollars for said deed.
Which said deed is hereto attached marked “J” and made a part of this answer, and that he afterwards was informed that the title to said lots 1, 2 and 3 in Block 127 and lot 2 in Block 139 was still in said , did afterwards on the 25th. day of November A. D. 1848 purchase of the said and Lewis C. Bidamon her then husband the said last mentioned premises together with others, and paid them therefor the sum of ninety dollars and obtained their deed therefor to this respondant, which deed is hereto attached marked “K” and made a part of answer.
Respondant further answers, that at the time of the said two last mentioned purchases he was in possession of all of the above described premises and made the same bonafide without any knowledge or information of any judgement or debt in said complainants’ bill alledged or of any claim whatever of the complainants against said premises or the estate of said Joseph Smith deceased, or that said Joseph Smith at the time of his death had any interest legal or equitable or that there was any pretence of such claim; and without any intimation of any fraudulent conveyance or secret trust whatever, and here insists that he is an innocent bonafide purchaser for a valuable consideration without notice and as such is entitled to the protection of this Honorable Court.
This Respondant does not know but requires proof that said at the time of his death was insolvent, that said [p. 578]