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.
premises have never been redeemed from said sale, and respondant was at the time of the filing of the bill in this cause and now is entitled to a deed therefor in fee under and by virtue of said decree, sale and certificate of purchase, a copy of the record of which said proceedings in Chancery Master’s Report duly satisfied together with said certificate of purchase will be produced as this Court may direct.
And so respondant says that he has paid for that part of said premises first aforesaid over the sum of $900, in good faith and that he has no other means than said premises <out> of which to make said money.
Respondant further says that he admits that said premises herein described are situate on the South East quarter of section No. two township no. six North of Range no. nine West as in said bill mentioned; But denies positively 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<s> upon information and belief further denies that said Smith deceased ever had any interest either in law or in equity to the said lot or that he ever paid any part of the purchase money therefor.
Respondant admits that the conveyed said quarter section of land to as in said bill alledged, 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 all that part of said quarter section which contains the lot aforesaid to then wife of the said Joseph Smith deceased.
But respondant positively denies that said 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 thereof to pay for said premises as is in said bill charged and says he is informed and believes and so states the truth to be that said quarter section was purchased of said for the use and benefit of the community of 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 is in said bill supposed and that the monies which were paid for said premises were not furnished either in part or in whole by said Smith deceased but were contributed by the other members of said Mormon Church for their general benefit and arose from the sale of a part said land.
Respondant further says, that if the said Joseph Smith ever had any interest either at law or in equity in said lot 4 Block 117 he conveyed the same in the 27th. day of April A. D. 1842 to one by deed dated the day and year last aforesaid and recorded in the Recorder’s Office of the County of Illinois [p. 606]