or that the said Joseph Smith caused the said land to be conveyed to the said , but on the but on the contrary this defendant from information and belief says and insists that the said land was purchased of the said and by the said on her own account, and for the consideration of three thousand dollars as expressed in the said deed or thereabouts and which consideration was by the said paid in cash to the said out of monies which came to and belonged to her wholly independent of the said Joseph Smith and in which and to which the said Joseph Smith had no title claim, interest or right whatever and that the said Joseph Smith not only did not purchase the said land nor pay the consideration for the same as aforesaid nor any part thereof but was then and for a long time before and after the said purchase and conveyance of the same to the said as aforesaid, wholly insolvent and wholly without money or means of his own to purchase and pay for the same.
This defendant further answering says:—
That it is true that on or about the fifth day of October A. D. 1841 the said then being the wife of the said Joseph Smith since deceased, did together with her said husband Joseph Smith as parties of the first part execute their certain deed of conveyance of that date to the said Joseph Smith as party of the second part trustee in trust for the Church of Jesus Christ of Latter day saints, whereby the said Joseph Smith and his wife for and in consideration of the sum of one dollar to them expressed in said deed to be in hand paid on a just and lawful settlement between themselves in person and the Church of Jesus christ of Latter day saints granted, bargained, sold, conveyed and confirmed unto the said Joseph Smith (who was then the husband of the said ) as sole trustee in trust for the Church of Jesus Christ of Latter day Saints, his successors in Office and assigns forever four certain tracts of land in the said deed described and being the same tracts of land described in the before mentioned deed from the said and to the said .
To have and to hold the said premises in the said deed described with all the appurtenances thereto belonging or in any wise appertaining unto the said Joseph Smith, Trustee in Trust for the Church of Jesus Christ of Latter day Saints, his successors in office and assigns forever, with a general covenant of warranty of title on the part of the said grantors unto the said Joseph Smith trustee as aforesaid his successors in Office and assigns against all and every person whomsoever and which said deed was by the <said> parties, grantors, on the same day duly acknowledged before a Notary public in the County of and State of and was afterwards and on the 18th. day of October in the year A. D. 1842 duly [p. 630]