Charles Wetzel and Others, Answer, 21–22 November 1850 [United States v. Joseph Smith III et al.]
Source Note
Charles Wetzel, Laurenz Risse, Bernard Icking, Simon Grill, Samuel M. Chapman, and Daniel Elliott, Answer, [], Hancock Co., IL, 21–22 November 1850, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852). Copied [ca. 17 July 1852] in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 561–574; handwriting of ; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago.
said about the year 1846 then being strangers, and having no knowledge of title to real estate in said City of Illinois:
And that on the 9th. day of November 1843 the said Joseph Smith by his deed of that date conveyed all his interest to one for the consideration of one hundred dollars, to the South West qr. of said lot 4 in Block 119.
Which said deed is herewith filed marked exhibit “A” and made a part of this answer.
This paragraph relates to respondant Simon Grill
That said Joseph Smith in like manner on the 1st. day of September 1843 by his deed of that date conveyed all his interest in the South East 1/4 of said lot 4 Block 119 to one Silas W. Condit for the consideration of three hundred and fifty dollars, a copy of which said deed duly certified from the records in the recorder’s office of said County of (the original thereof not being in the power or control of respondants to produce,) is herewith filed marked “B” and made a part of this answer,
That respondant Simon Grill about the 6th. day of September A D. 1846 purchased all of said lot except the South East 1/4 thereof of one Charles M. Johnson for the consideration of $380 dollars then paid him therefor who was then in possession of the same, claiming the same in fee by a title derived from said Joseph Smith and from one , and , as trustees of said Church and successors in office of said Joseph Smith deceased as sole trustee, and obtained the conveyance of said Johnson therefor and the possession thereof, then believing that he had a good title to said premises,
That afterward it was alledged that the title to said premises was still in said by reason of the insufficiency of the deed in said complainants’ bill mentioned from said Joseph and to said Joseph Smith as sole trustee of said Church,
And that said Respondant Simon Grill on the 25th. day of February A. D. 1849 purchased of the said and Lewis C. Bidamon, her then husband the said West 1/2 and North East qr. (1/4) of said lot 4 Block 119 by their deed of that date for the valuable consideration in said deed mentioned and then paid them therefor, and obtained their deed for the same which said deed is herewith filed marked exhibit “C” and made a part of this answer. Whereby respondants are advised all interest of said Joseph Smith in said premises as by him conveyed, were divested out of him, and whereby all interest of the said in said premises last above described became vested in said Respondant Simon Grill.
Said Respondant Grill claims said West 1/2 and the North East 1/4 of said lot 4 Block 119 in fee.
And these respondants further answering say as to said North East quarter of lot 1 Block 139 [p. 563]