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.
And these respondants further answering as to interrogatory No 7 in said bill propounded saith:—
That they do not know whether said Joseph Smith purchased and conveyed the lands in said bill described in Illinois or the North East quarter of sec. 8, 6 north 8 West in manner and for the purpose said bill alledged and concerning the same they know nothing.
But as to said South East qr of sec 2, 6 North 9 West they answering say:—
That they have no personal knowledge of any transaction concerning the same prior to 1846; That they had no information concerning the conveyances relating thereto in said bill alledged until within the last past three months; that they are now informed and believes it to be true that said did convey said quarter section of land to said and that said did convey all except Block 155 and a part of Block 156 in said to said and that said together with said Joseph Smith did attempt to convey by their deed to said Joseph Smith a sole trustee in trust for the said Church of Jesus Christ of Latter day Saints at the time in said bill mentioned.
But these respondants know nothing of the recording or execution or of any assignment of the said bond from the said in said bill mentioned nor have they any knowledge or information of said bond except from said Complainants’ bill and respondants are informed and believe and charges the facts to be, that said Joseph Smith never paid anything whatever of the consideration money for said land or caused or procured the same to be paid and never had any equitable interest therein, but that the consideration money was wholly paid and contributed by and others, members of said religious Society intending thereby to purchase the same for the sole benefit of the said and her children or them and said religious Society, that the said Joseph Smith was at the time and long after continued to be the sole agent and trustee of said religious society.
That said tract of land was laid out into town lots at the time in said bill alledged by said Smith and others while acting as such Trustee or Agent, that said Joseph Smith did as such Trustee execute sundry deeds for portions of land or town lots to divers persons and said Joseph Smith did together with said convey, and said after the decease of the said Joseph did also convey sundry of said lots to divers persons, that said Smith as such Trustee or Agent did to some extent control the sale of said town lots but not otherwise,
Respondants deny that said conveyance or either of them were made for the purpose of hindering, delaying or defrauding the [p. 587]