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.
These respondants further state that their said purchases in this answer mentioned from, through and under said while sole as aforesaid and from, through and under said and her said husband Lewis C. Bidamon, after her said marriage with him were made in good faith and for valuable considerations as before herein stated bonafide,
That said purchases were made on acurent and by reason that the said conveyance in complainants’ bill mentioned from said Joseph Smith and , to said Joseph Smith as trustee of 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 and from said and her present husband Bidamon title in fee according to the import of said conveyances,
Respondants are now informed in relation to the deed in said bill mentioned from said Joseph Smith and to said Joseph Smith as sole Trustee in trust for the 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 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 said 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 afterward 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 terms thereof by these respondants and without the knowledge of any fraud, or trust other than shewn by said deed,
These respondants do not know but requires proof that said at the time of his death was insolvent, that said , and were insolvent as in said [p. 570]