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.
that said sale and conveyance were made for the purpose of giving a pretended title to said purchasers to be held by them for the benefit of , and , defendants herein, as trustees of a pretended religious Society, called the Church of Jesus Christ of Latter Day Saints.
Your Orators further show that in addition to the lands above described the said Joseph Smith died seized of two certain other tracts of land situated in the County of aforesaid and State of and situated West of the 4th. principal meridian and described as follows, to wit:—
1. The South East quarter of section twenty five in township seven North, in Range eight West, and
2 The North half and the South West quarter of South East twenty six, in township seven North, in Range eight West.
Your Orators further show that the said , administrator aforesaid, while acting as such administrator, cause to be made and spread upon the records of the Recorder’s office of aforesaid, conveyances for the said two tracts of land last above described, by which the said , as administrator as aforesaid, undertook to convey, to the said aforesaid the first of said two tracts of land above described, and to one William Kay defendant herein the second of said tracts:
Your Orators further show that no order of the Circuit Court of said was ever made for the sale of said lands, and no public sale thereof has ever had, and that said pretended sale and conveyance were made entirely without consideration and for the purpose of casting a cloud upon the title of said lands, and to hinder, delay and defraud your Orators and other creditors of the said Joseph Smith deceased in the collection of their just debts against him.
Your Orators further show that the said premises are now in possession of the defendants Bryant Gilbride, John Griffiths and , but of what particular portion each of said defendants is possession <possessed> your orators are not informed and cannot state.
Your orators further show that there are no assets of the estate of the said Joseph Smith deceased, either personal or arising from the said sales of real estate aforesaid, remaining in the hands of the said present administrator, John M. Ferris, and no assets of any kind whatsoever were received by the said Ferris from the said .
Your Orators further show that the said Joseph Smith deceased died seized in fee simple of the following described lots and blocks of land situated in the Town of , County of Hancock and [p. 492]