Your Orators further state and charge the truth to be that the said Joseph Smith deceased in his lifetime purchased the said premises and paid for the same but being largely indebted and insolvent, for the purpose of evading the payment of his said debts, and to prevent the same being reached at law and subjected to the payment of his said debts contriving and fraudulently intending to hinder, delay and defraud his creditors procured the said several premises to be conveyed to him said Joseph Smith as Trustee in Trust of the Church of Jesus Christ of latter day saints,
That said Joseph Smith deceased at that time pretended to act as the sole trustee of a pretended Religious Society organised under the general act of the State of , authorising the organization of Religious Societies, and pretended to purchase, receive and hold said lands as such trustee as the property of, and in trust for said Society.
And your Orators say that by the laws of the said State of such Religious Societies could not receive or hold over ten acres of land and that before and at the time of the purchase of said several lands, above described, said pretended Society owned (over) ten acres of land and could not by the laws of said either take or hold said lands to the use of said religious Society, and charge that said purchase was made by said Smith with his own money for his own use and not for the use of said Society, and the title thereof taken to him in his said pretended capacity of Trustee for the purpose of hindering, delaying and defrauding his creditors in the collection of their said debts.
Your Orators further state that John J. Brent, Thomas Wilson, George Greer, Frederick R. Prentice, , John Smith, , E. Morrill, Leonard F. [T.] Ferris, Hickison Wright, A. W. Williams, James Ward, J. Magall [Moyall], W. Ward J. M. Ilwane [James McIlvaine], Matthew McCloughery [McClaughry], J[ames] Richardson, A[mos] W. Condit, W. W. Noyse, F. Wolley [Fitzgerald Woolley], E. W. Turner, and I[saac] R. Welch claim some interest, in said premises but how much or what part, or what their interests are, your Orator is not informed and cannot state, and charge that they have no title or interest in said premises and that their several respective claims are fraudulent and void and made to hinder, delay and defraud your Orators in collecting their said debt in said original bill mentioned,
Your Orator further says that since the filing of the original bill in this cause they have ascertained that during the life of the said Joseph Smith deceased he conveyed the following described premises to wit:—
Block No 117, The W. 4½ R. Wide of the N. 5½ R. wide of Lot no. 2, also the S 1/3 of lot 3 and S 1/2 of Lot 4 on Block No 119, Lot no 4 [p. 620]