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.
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 fact to be that said quarter section was purchased of said for the use and benefit of the community or Church called Mormons and that the title was taken in manner stated in said bill, because said Church was not organised and legally authorised to hold land and not for the use of said Smith 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 said 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 South half of the South half of said lot No. one on Block No. one hundred and seventeen, if the said Joseph Smith deceased ever had any interest either at law or in equity he conveyed the same to one by deed dated the 12th. day of May A. D. 1843, which said deed is recorded in the Recorder’s office of Illinois on the third day of September A. D. 1844 in Book M of deeds and is numbered No. [blank] of the records a copy of which deed duly certified is herewith filed marked “A” and made a part of this answer.
Whereby the said Smith conveyed all his interest in said premises to said , his heirs and assigns forever.
That conveyed said premises by deed to one George W. Potter, said Potter to one R. L. Leeman and said Leeman to respondant, all of which deeds were made in good faith and for a good and valuable consideration and were recordered in the Recorder’s Office of Illinois before the commencement of this suit and are now ready to be shown to the Court as they may direct.
Respondants further answering says, that as to the said lot no. two in Block No. one hundred and seventeen in aforesaid, the said Joseph Smith deceased in his lifetime conveyed the same by deed to one and said conveyed the same to respondant, that said conveyance was made for a valuable consideration in good faith and not to hinder, delay or defraud the creditors of said Smith deceased,
Which said deeds are duly recordered in the Recorder’s office of Illinois copies of which respondant will produce as the Court may direct.
Respondant further says that afterwards the [p. 598]