John Winter and Others, Answer, 21 November 1850 [United States v. Joseph Smith III et al.]
Source Note
John Winter, Maria Winter, Casamire Winter, Lewis Stutts, Hiram Griffin, Siegmund M. Walther, Isabella Hickox, and Benjamin P. Van Court, Answer, [], Hancock Co., IL, 21 Nov. 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. 535–548; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
as to Interrogatory No. 7 in said bill propounded saith:—
That they do not know whether said Joseph Smith purchased and conveyed the lands in said bill described in Illinois on the North East qr. of sec. 8, 6 North 8 West in manner and for the purposes said bill alledged and concerning the same they know nothing.
But as to said South East quarter of sec. 2, 6 North 9 West they answering say:—
That they have no personal knowledge of any transaction concerning the same prior to 1850.
That they have no information concerning the conveyances relating thereto in said bill alledged until within the last past six months
That they are now informed and believe it to be true,
That said did convey said quarter section of land to said and that said did convey all except Block 155 and a part of Block No. 156 in said to said ,
And that said together with said Joseph Smith did attempted to convey by their deed and the same to said Joseph Smith as sole Trustee in trust for the said Church of Jesus Christ of Latter day Saints at the times in said bill mentioned.
But these respondants know nothing of the recording, or execution or of any assignment of the said Bond from the said in said bill mentioned, nor have <they> any knowledge or information of said Bond except from said Complainants’ Bill and respondants are informed and believe, and charge the facts to be, that said Joseph Smith never paid any thing whatever of the consideration money for said land, or caused or procured the same to be paid,
And never had any equitable interest therein, but that the consideration money was wholly paid and contributed by and others members of said religious Society intending thereby to purchase the same for the sole benefit of the said and her children or them and said religious society,
That the said Joseph Smith was at the time and long after continued to be the sole agent and trustee of said Religious Society,
That said tract of land was laid out into town lots at the time in said bill alledged by said Smith and others while acting as such Trustee or agent.
That said Joseph Smith did as such Trustee [p. 545]