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.
together with a large number of lots and blocks the title of which stood in said Joseph Smith deceased, to said Joseph Smith deceased in his capacity of trustee of said Church for the use and benefit of said Church and not for the use and benefit of said Smith deceased or to hinder, delay or defraud his creditors as in said Bill supposed.
But Respondants are informed and believe that said deed is void but cannot state positively.
That afterwards said Joseph Smith deceased undertaking, in good faith, to act as Trustee of said church and for their use and benefit conveyed and attempted to convey a large amount of said premises to Bona fide purchasers, but what precise parts or to whom conveyed Respondants are unable to state, and applied the proceeds thereof to the use and benefit of said church in execution of said trust in good faith as Respondants are informed and believe.
That afterwards said being informed and believing that the legal title of said premises so conveyed by said Smith deceased as last aforesaid remained in her and being desirous in good faith to execute the trust reposed in her as aforesaid to said purchasers or those holding under them the premises purchased by them when applied to for that purpose for a mere nominal consideration sufficient to cover the expenses of making such conveyances and Respondant ’s trouble in the premises.
Respondant further says that the said conveyance of to her as aforesaid being intended and made as well for her benefit as for said Church, she has conveyed many of the lots and Blocks on said qr. section on her own account since the death of said Smith,
A description of most or all of which Respondant has heretofore set out as conveyed by her to which reference is here had.
Respondants further admit that the said Joseph Smith in his capacity of Trustee of said Church made and executed and caused to be Recorded as alledged in said Bill a Deed of the Lots and Blocks mentioned in said Bill stated as conveyed or attempted to be conveyed to Respondants , , and , to the respondants last named at the instance and request and by the approbation of said church thereby intending in good faith to convey the same to said Respondants last named for their use and benefit.
Respondants deny that said conveyance was made to hinder, delay or defraud creditors of said Smith deceased but in attempting in good faith to execute said trust.