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.
as such administrator obtained a decree from the Circuit Court to sell Real Estate of the said deceased, that he sold and conveyed a large amount, but what Respondants cannot state, or whether said sale was in good faith regular or void they cannot state, but on information and belief deny that said applied the proceeds of said sale in due course of administration.
Respondants are not informed and cannot state whether said as administrator as aforesaid conveyed or attempted to convey land of deceased without authority.
Respondants admit that in September A. D. 1841 one Eli <Eri[e]> Rhodes claimed to be and was the owner in fee of the North East qr. of section no. eight in township no. six North of Range eight West, in said bill mentioned except 37 acres in the South West corner, being 80 rods East and West and 74 rods North and South.
That on the 16th. day of September aforesaid said Eli <Eri> Rhodes made his bond for a deed of said premises to the said Joseph Smith deceased, upon certain conditions to be performed.
That afterwards the said Joseph Smith deceased assigned said Bond to one .
Respondants upon information and belief deny that said assignment of said Bond was made without consideration or with intent to hinder, delay or defraud creditors as in said Bill of Complaint stated.
Respondants further admit that afterwards and about July A D. 1843 said premises were duly conveyed to said , and afterwards and about August A. D. 1843, said conveyed said premises to Respondants, , and .
But on information and belief deny that said conveyance was procured to be made by said Joseph Smith deceased or that it was for his use and benefit or that he had any interest whatever in said premises, or that it was conveyed to hinder, delay or defraud creditors of said Jo. Smith deceased.
And here state the truth to be that at the time of the <making> conveyance last aforesaid the said , and , were of very tender age and members of the family of said Joseph Smith deceased, dependant upon him and the charities of the church or community called Mormons for maintaince and support, that from surrounding circumstances which have become a part of the history of the Country of the life of said Smith deceased was in great danger and if he should be taken away said Infants would have no means of support except the charities of said Mormon community; Said Smith deceased at the time being largely insolvent and said Infants being objects of great and tender regard [p. 516]