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.
said Church in said bill mentioned as they were advised was illegal and void, for want of sufficient parties thereto and that the title thereby to said premises, still remained in said and for the purpose of obtaining the undisputed title thereof to the premises claimed by them respectively; but whether the said deed was and is in fact so void in law these respondants are unable to answer.
And Respondants also, claim, by virtue of said conveyances last mentioned from said or from said and her said present husband Bidamon, title, for according to the import of said conveyances,
Respondants are now informed in relation to the deed in said bill mentioned from Joseph Smith and to said Joseph Smith as sole Trustee in trust for the said Church of Jesus Christ of Latter day Saints,
That before the time of the making of the same the said Church was a religious unincorporated Society but had then become a corporation under the laws of the said State of .
That said then held the title to said quarter section of Land in her own right and to some extent in trust for said religious Society;
But to what extent these Respondants are uninformed;
That said conveyance was made in execution of such trust to said Joseph Smith as the head and sole trustee of said corporation, and for no fraudulent purpose whatever,
That conveyances by him as sole trustee afterwards were made in good faith for valuable consideration paid by the purchaser in execution of his said trust.
That these facts respondants have learned and been informed of, wholly since their purchases in this their answer mentioned and set forth and before which they had no knowledge thereof.
And that their said purchases were made in good faith and for valuable considerations paid at the several times thereof by these respondants and without the knowledge of any fraud or trusts, other than shewn by said deed,
These respondants do not know but require proof, that said at the time of his death was insolvent.
That said , and were insolvent as in said bill alledged, nor either of them nor have they any knowledge nor can they state from their [p. 543]