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.
he ever paid any part of the purchase money therefor.
Respondant admits that said premises herein described are situate in the South East quarter of section No two township no. six North of Range no. nine West as in said bill mentioned,
But positively denies that the said Joseph Smith deceased at the time of his death owned or had any interest in the same or any part thereof.
Respondant admits that the conveyed said quarter section of land to as in bill mentioned, that said contracted with one to sell the same to said and made his bond to said .
That said assigned said bond to said Joseph Smith deceased and that afterwards said premises were conveyed by said to one and that said conveyed that part of said quarter section which contains the lots aforesaid to then wife of the said Joseph Smith deceased.
But respondant upon information and belief denies that said several conveyances were made for the use and benefit of the 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 thereof to pay for said premises as in said bill charged, and further says that he is informed and believes and so states the facts to be, that said quarter section was purchased of said for the use and benefit of the community or Church called Mormons and also the said and that the title was taken in the 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 deceased as in said bill supposed, and the monies which were paid for said premises were not furnished either in part or in whole by the said Smith deceased, but were contributed by the other members of the 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 lots one in Block 121, and lot 2 in Block 160 and lot 3 in Block 138 the said and Lewis C. Bidamon her husband conveyed the same by deed to one Richard M. Mills for a valuable Consideration in good faith in the year A. D. 1849 and said Mills for a valuable consideration in good faith conveyed the same to respondant in the year A. D. 1850 and before the commencement of this suit, that said deeds were made and recordered in the Recorder’s Office of Illinois, certified copies of which will be produced as this honorable Court may direct, [p. 601]