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.
judgement and sale he did on the 27th. day of May A. D. 1850 obtain deeds therefor duly executed by the sheriff of said ,
Which said deeds are hereto attached and marked “L” “M” “N” “O” and made a part of this answer,
But respondant positively denies that he purchased the same for the purposes in said bill alledged, but charges that he purchased the same for taxes due upon said premises before he had acquired any interest therein, and to render his title secure on account of alledged defective conveyances or other latent defects as he had a right to do and he claims the benefit thereof.
And this respondant further answering as to Interrogatory No. 7 in said bill propounded saith,
That he does not know, nor can he state as to his belief or otherwise, whether said Joseph Smith purchased and conveyed the lands in said bill described in Illinois, or the North East qr. of sec. 8, 6 North 8 West in manner and for the purposes in said bill alledged, and concerning the same he knows nothing, but as to said South East qr. of sec. 2, 6 North 9 West he answering says:
That he has no personal knowledge of any transaction concerning the same prior to 1846, that he had no information concerning the conveyances relating thereto in said bill alledged until with the last past three months, that he is now informed and believes it to be true that said did convey said quarter section of land to said , and that said did convey all except Block 155 and a part of Block 156 in said , to said , and that said together with said Joseph Smith did attempt to convey by their deed the same to said Joseph Smith a sole trustee in trust for the said Church of Jesus Christ of Latter day Saints at the times in said bill mentioned, but respondant knows nothing of the recording, or execution, or of any assignment of the bond from said in said bill mentioned, nor has he any knowledge or information of said bond except from the said complainants bill, and respondant is informed and believes and charges the facts to be, that said Joseph Smith never paid anything whatever of the consideration money for said land or caused or procured the same to be paid, and never had and never hand any equitable interest therein, nor in said qr. sec. of land, but that the consideration money was wholly paid and contributed by and others members of said religious Society, intending thereby to purchase the same for the sole benefit of the said , and her children or them and said religious Society,
That said Joseph Smith was at the time and long after continued to be the agent and sole trustee of said religious Society, that said tract of land was laid out into town lots at [p. 580]