“I return that on the 7th. day of August 1843 I called on Joseph Smith one of the within named defendants and demanded payment of the within execution, which was refused and said defendant also refused to surrender property of any description to satisfy the same, and I return that I know of no property of either of the within named defendants subject to this .”
marshal
By P. VanBergen Depty.
2. John M. Ferris was produced as a witness before me, who being sworn deposed to these facts, that the said Joseph and died on the 27th. day of June 1844, that from the day of the renedition of the judgement herein before mentioned viz: the 11th. June 1842, until the death of the said he was generally reported to be insolvent; that in February 1846 , and defendants to the judgement aforesaid left this , and have resided either in the State of or the territory of Utah ever since.
That from the said 11th. day of June 1842, until their removal from this State, the said and were generally reputed to be insolvent.
By the affirmation of George Edmunds [Jr.] a witness examined before me it was proved that the said from the year 1845 until his removal from this was insolvent.
3. By the bill aforesaid it is alledged and by all of the answers of the defendants it is admitted that the said Joseph Smith deceased left surviving him his widow, since intermarried with Lewis C. Bidamon, and , , and children and heirs at law of the said Joseph Smith deceased.
4. By the bill aforesaid it is alledged, and admitted by the answers of all the defendants, that administration was granted in due form of law to widow of the said Joseph Smith deceased by the probate of Illinois, which administration was afterwards revoked, annulled and set aside, and letters of administration granted by the same Probate to , and that all of the goods and chattels of the said Joseph Smith deceased were by the said delivered over to the said to be administered upon in due form of law.
5. It is further alledged in the said bill and admitted by said answers that all of the said personal estate was applied by the [p. 639]