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.
was so made to said , in lieu of being made to said Jo. Smith deceased, the assigneeofsaidbond at the instance and request of the members of said Church and society, and that the title thereto might be under the control of said Church and society for whose use the same was in part held as aforesaid.
That afterwards the said Church at the instance and request of said Church and society conveyed said Block No 155 to Respondant , as a donation gift or present from the said Church and society and the contributors of the purchase money of said premises, to said Respondant and not for the use and benefit or by the procurement of said Jo. Smith deceased.
Also at the like instance and request of said Church Society and doners and for the like purpose conveyed that part of said block 156, in said Bill mentioned as conveyed to , to said , for his use and not for the use of said Joseph Smith deceased, nor to hinder, delay or defraud creditors of said Smith deceased as in said Bill of Complaint supposed.
And also at the like special instance and request of said Church, Society and Contributors and not by the procurement of said Joseph Smith deceased, conveyed the rest and residue (notconveyedasaforesaid) of said last mentioned qr. section to said , for the use and benefit of said in part and also for the use and benefit of said Church and Society and not for the use and benefit of said Joseph Smith deceased and not to hinder, delay or defraud his creditors.
Respondants further say that afterwards the said Church and Society became duly incorporated under the laws of |the State of relating to Religious Societies, by the election of said Jo. Smith deceased, Trustee of such Church and Society under the name and style of the “Church of Jesus Christ of Latter day Saints,” a certificate whereof was duly filed and recorded in the Recorders Office of Illinois in the year A. D. 1842.
That afterwards the said Joseph Smith deceased as such Trustee and divers other persons acting on the part and behalf of said Church contracted portions of said premises, and said deceased and Respondant joined in many deeds conveying parts of said premises to the purchasers aforesaid in pursuance and in execution of the Trust reposed as aforesaid in Respondant by said Church, Society and doners or contributors.
That afterwards and about September A. D. 1842, this Respondant in good faith and to execute the trust reposed in her as aforesaid joined with said Joseph Smith deceased, and conveyed or thereby attempted and intended in good faith to convey a large proportion of the quarter section last aforesaid [p. 519]