Transcript of Proceedings, , Sangamon Co., IL, ca. 17 July 1852, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852); U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 486–697; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
thereof and for the valuable considerations actually paid at the term thereof in said deed mentioned and without any fraudulent intent, design, or purpose whatever or hinder or delay or defraud the complainants or any other persons in the collection of any debts whatever,
And they further answer that under the grantee in said deed from Joseph Smith as above mentioned, they claim the premises in such conveyances described by one right and conveyance bonafide obtained all interest which said Joseph Smith decd. had in such premises.
These respondants deny that said Joseph Smith (deceased) at the time of his death had any interest whatever in said South East quarter of section No. 2 town 6 North Range 9 West mentioned and set forth.
These respondants further state, that the said purchase in this answer mentioned from, through and under said while sole as aforesaid and from, through and under said and her said husband Lewis C. Bidamon after her said marriage with him were made in good faith and for valuable consideration as before herein stated bonafide, that said purchase were made on account and by reason that the said conveyance in complainants’ bill mentioned from said Joseph and to said Joseph Smith as trustee of said Church in said bill mentioned as they were advised was illegal and void for want of sufficient parties thereto and that the title thereby to said premises still remained in said and for the purpose of obtaining the undisputed title thereof to the premises claimed by them,
But whether the said deed was and is in fact so void in law these respondants are unable to answer,
And respondant also claims by virtue of said conveyances last mentioned from said and from sa[i]d and her said present husband Bidamon title in fee according to the import of said conveyances,
Respondants are informed in relation to the deed in said bill mentioned from Joseph Smith and to said Joseph Smith as sole trustee in trust for the said Church of Jesus Christ of Latter day Saints, that before the time of the making of the same, the said Church was a religious unincorporated Society but had then become a corporation under the laws of the said State of ,
That said then held the title to said qr. section of land in her own right and to some extent in trust for said religious Society but to what extent this respondant is uninformed, that said conveyance was made in execution of such trust to said Joseph Smith as the head and sole trustee of said Corporation and for no fraudulent purposes whatever that conveyances by him as sole trustee afterward were made in good faith for valuable consideration paid by the purchaser in execution of his said trust that these facts respondants have learned and been informed of wholly since their purchases in this his answer mentioned and set forth and [p. 585]