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.
to hinder, delay or defraud the creditors of said Joseph Smith deceased or for any other fraudulent purpose whatsoever.
Respondants further admit that about the year 1841, and long before the rendition of the Judgement in said Bill mentioned the said Joseph Smith deceased was seized in fee of the South half of the North East qr. and most of the the South West qr. of section no. two in township no. six north of Range no. nine West.
Which said premises had been laid out into town lots in aforesaid,
That afterwards and about month of September A D 1841 the said Joseph Smith deceased and Respondant made their certain Deed, of a large amount of lots and blocks on said tracts last aforesaid, as also on the South East qr. of said section two last aforesaid thereby attempting to convey the lots and blocks therein described as mentioned in said Bill of Complaint, to said Joseph Smith in the capacity of Trustee of the Church of Jesus Christ of Latter day Saints, a Religious Society organised under the laws of the State of .
That afterwards and about the 12th. day of July A. D. 1843 said Joseph Smith conveyed or attempted to convey a large amount of said lands so conveyed or attempted to be conveyed to him as Trustee as last aforesaid, in his said capacity of Trustee, to said and as in said Bill named.
But respondants deny that said conveyance was made to hinder, delay or defraud creditors or for any other fraudulent purpose.
That so far as said Respondants , , and are concerned there was no other consideration than love and affection, and so far as said is concerned, said conveyance was made upon a good and valuable consideration and in good faith without any intention to hinder, delay or defraud creditors, but to secure said , for property of said in the hands of said Jo. Smith deceased.
These Respondants admit that letters of administration on the Estate of the said Joseph Smith deceased were issued and revoked as stated in said Bill of Complaint and that John M. Ferris is now administrator of said Estate and that no property of said Estate has come to his hands.
But upon information and belief deny that said duly administered or paid debts or expenses, and say that said as such administrator received all the personal Estate of said deceased and a large amount from the sales of Real Estate and admit that said and his securities as Administrator are non residents, but deny that they are wholly Insolvent.