that said conveyed that part of said quarter section which contains the lots aforesaid to then wife of said Joseph Smith deceased.
But respondant positively denies that said several conveyances were for the use and benefit of said Joseph Smith deceased as in said bill alledged or for the purpose of hindering, delaying or defrauding his creditors or that he furnished the money or any part of it to pay for said premises as in said bill charged and says that he is informed and believes and so states the truth to be that said quarter section was purchased of said for the use and benefit of the community or Church called Mormons and the said and that the title was taken in the manner stated in said bill because said Church was not organised and legally authorised to hold land and not for the use of Joseph Smith deceased as in said bill supposed.
And that the monies which were paid for said premises were not furnished either in whole or in part by said Smith deceased, but were contributed by the other members of the Mormon Church for their general benefit and arose from the sales of a part of said lands.
Respondant further says that as to the said lot one in Block 120 Lots 4 in Block 138 and lot 1 in Block 146, said and Lewis C, Bidamon her husband conveyed the same by deed to respondant and one Daniel Elliott dated the [blank] day of January A. D. 1849 in good faith, and for a valuable consideration, and afterwards and about April A. D. 1850 said Daniel Elliott conveyed the same to respondant for a good and valuable consideration in good faith, that said deeds are duly recorded in Recorder’s office of Ills. certified copies of which will be produced as this Honorable Court may direct.
Respondant further says that if the said Joseph Smith deceased ever had any interest in to the North half of lot 1 in Block 146 he conveyed the same to one by deed dated the 4th. day of August A. D. 1843 for the good and valuable consideration of $300 paid to him by the said , that said conveyance was made in good faith and without any intention to hinder, delay or defraud the creditors of the said Joseph Smith a certified copy of which said deed is filed herewith marked “A” and made a part of this answer, said deed was recorded in the Recorder’s Office of said Ills. on the 3d day of July A. D. 1846.
Respondant further says that he purchased the said several premises before the commencement of this suit and without notice, knowledge or information of the said judgement mentioned in said bill of complaint or of the indebtedness of the said Joseph Smith deceased or of his having any interest in the same then and there believing [p. 590]