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Introduction to Ferris Administrator of the Estate of JS Docket Entry, Allowed Claims, 14 April 1845–19 April 1849 [Coolidge Administrator of the Estate of JS and Ferris Administrator of the Estate of JS] Affidavit, 8 August 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Administration Papers, 8 August 1848 [Ferris Administrator of the Estate of JS] Letters of Administration, 8 August 1848 [Ferris Administrator of the Estate of JS] Oath, 8 August 1848 [Ferris Administrator of the Estate of JS] Bond, 8 August 1848 [Ferris Administrator of the Estate of JS] Notice, 10 August 1848 [Ferris Administrator of the Estate of JS] Certification, circa 2 September 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Edward Holbrook, 16 September 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 September 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Leavitt Neal, 27 September 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 November 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from the United States, 12 December 1848 [Ferris Administrator of the Estate of JS] Inventory, 26 December 1848 [Ferris Administrator of the Estate of JS] Docket Entry, Inventory, 4 January 1849 [Ferris Administrator of the Estate of JS] Docket Entry, Claim Withdrawn, 5 February 1849 [Ferris Administrator of the Estate of JS] Notice, 6 February 1849 [Ferris Administrator of the Estate of JS] Wrapper, circa 23 March 1849 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claims from Phineas Kimball, 3 April 1849 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claims from David E. Head and Others, 3 April 1849 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Hugh Herringshaw, 17 April 1849 [Ferris Administrator of the Estate of JS] Certification, circa 18 April 1849 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Amos Davis, 19 April 1849 [Ferris Administrator of the Estate of JS] Docket Entry, Allowed Claim from Ephraim S. Green, 1 April 1850 [Ferris Administrator of the Estate of JS]

Introduction to Ferris Administrator of the Estate of JS

Page

Ferris Administrator of the Estate of JS
Hancock Co., Illinois, Probate Court, 8 August 1848–12 June 1852
 
Ferris Administrator of the Estate of JS v. Heirs of JS
Hancock Co., Illinois, Circuit Court, in Chancery, 12 June 1852
 
Green v. Ferris Administrator of the Estate of JS
Hancock County, Illinois, Circuit Court, 19 April 1849
 
Kimball v. L. C. Bidamon, E. Smith Bidamon, E. Dixon, J. M. Dixon, Joseph Smith III, F. Smith, A. Smith, D. Smith, Clayton, L. Walker, Ripley, Coolidge, and Ferris Administrator of the Estate of JS
Hancock Co., Illinois, Circuit Court, in Chancery, 15 June 1852
 
United States v. Joseph Smith III et al.
United States Circuit Court for the District of Illinois, Springfield, Sangamon Co., Illinois, 17 July 1852
 
Historical Introduction
On 8 August 1848, the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Probate Court appointed John M. Ferris as administrator of JS’s
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
estate, replacing
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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, who had left the state.
1

See Introduction to Coolidge Administrator of the Estate of JS.


Ferris’s administration included petitioning the Hancock County Probate Court for the sale of real estate and overseeing the submission of creditor claims to the court. When Ferris discovered that the assets of the JS estate were insufficient to resolve all the claims, three of the creditors—Phineas Kimball, Ephraim S. Green, and the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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—brought suit against
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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and her children, and Ferris as estate administrator, for payment of their claims.
 
Ferris Administrator of the Estate of JS
Ferris’s appointment came after
Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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, as guardian of the minor children of
Edward

ca. 1800–1839. Born in New York. Son of John Lawrence and Letitia. Moved to Pickering, York Co. (later in Ontario), Upper Canada, by 1811. Married Margaret Major, ca. 1822, in Ontario. Baptized into Church of Jesus Christ of Latter-day Saints, 1837, in Ontario...

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and
Margaret Major Lawrence

29 Apr. 1801–1 Jan. 1853. Born in York, Upper Canada. Daughter of John Major and Sarah. Married first Edward Lawrence. Husband died, ca. Dec. 1839. Moved to Quincy, Adams Co., Illinois, by 1840. Married second Josiah Butterfield, 24 Dec. 1840, in Adams Co...

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and creditor of the JS estate, filed an affidavit with the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Probate Court on 8 August 1848 claiming “personal knowledge” of unsold real estate belonging to the JS estate. Babbitt requested the appointment of a new estate administrator.
2

During Joseph W. Coolidge’s administration of the JS estate, Babbitt filed a claim on behalf of the Lawrence children that was allowed by the court for $4,033.87. (Docket Entry, Allowed Claim from Almon Babbitt, 6 May 1845 [Coolidge Administrator of the Estate of JS]; Affidavit, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].)


Babbitt, who also had served as one of three church trustees since 1846, likely submitted the affidavit because the judgment for Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS was only partially paid.
3

See Introduction to Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS; George Miller and Newel K. Whitney, Certificate of Election, 24 Jan. 1846, Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 2, p. 144, microfilm 954,776, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Since two years had passed without any activity from
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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, the previous administrator, the court appointed Ferris, who had no previous affiliation with the church, as administrator.
4

Coolidge left the state of Illinois with the body of Latter-day Saints in 1846 and was residing in Council Bluffs, Pottawattamie Co., Iowa, at the time of Ferris’s appointment. When next of kin or creditors were unavailable or unwilling to administer an estate, the state could appoint a public administrator in each county. Ferris evidently was a public administrator for Hancock County. (See Introduction to Coolidge Administrator of the Estate of JS; Docket Entry, Administration Papers, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; and “Wills,” Revised Statutes of the State of Illinois, pp. 541, 547–548, secs. 21, 55–58.)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

Ferris swore an oath to administer the goods and effects of the deceased and pay all residual claims; he then signed a bond committing to perform his administrative duties, with a $1,000 penalty should he fail to fulfill his responsibilities. Babbitt signed as
surety

A person bound to pay a sum or perform a duty for a principal debtor who is already bound for the same. A surety sued apart from the principal is entitled to sue the principal for recovery. In contrast, a guarantor normally cannot be sued until after there...

View Glossary
.
5

Oath, 8 Aug.1848 [Ferris Administrator of the Estate of JS]; Bond, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Letters of Administration, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].


Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, JS’s widow, believed Ferris’s administration jeopardized the family’s real estate holdings.
Joseph Smith III

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

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remembered his family’s real estate being in “legal jeopardy” during Ferris’s administration,
6

“The Memoirs of President Joseph Smith,” Saints’ Herald, 29 Jan. 1935, 145.


Comprehensive Works Cited

Saints’ Herald. Independence, MO. 1860–.

and Bidamon lamented “the treacherous designing knavery of a pack of cut throat swindlers” and the “lazy lawyers and treacherous hypocrites” who impeded her ability to obtain the properties she regarded as belonging to the Smith family.
7

Emma Smith Bidamon, Nauvoo, IL, to Lewis Bidamon, [Sacramento, CA], 7 Jan. 1850, CCLA.


Comprehensive Works Cited

Bidamon, Emma Smith. Materials, 1842–1871. CCLA.

During his administration, Ferris inventoried properties deeded to Bidamon and the children, intending to sell them at auction to pay estate claims.
8

Deed to Emma Smith and Others, 12 July 1843; Deed, Robert B. and Mercy Fielding Thompson to Joseph Smith III, 24 July 1841; Deed, Robert B. and Mercy Thompson to Frederick Smith, 24 July 1841; Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS].


These and other properties continued to be a point of tension throughout the remainder of deliberations about the estate, at least until Emma Bidamon’s dower rights were ultimately satisfied in 1851 and 1852.
On 10 August 1848, Ferris drafted an administrator’s notice informing the public of his intent to petition the court at the next court term to sell JS’s real estate.
9

The notice was apparently published in four consecutive issues of the Hancock Patriot newspaper between 12 August and 2 September 1848; however, these issues are apparently not extant. Ferris filed proof of the notice of publication on 17 April 1849. (See “Wills,” Revised Statutes of the State of Illinois, p. 558, sec. 103; Certification, ca. 2 Sept. 1848 [Ferris Administrator of the Estate of JS]; and Docket Entry, Notice of Publication, 17 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

When the term opened on 15 September, creditors anticipating the sale of real estate began filing an array of claims with the court. These debts included
promissory notes

An unconditional promise by one party to pay a specified sum of money on a certain date to another party.

View Glossary
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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as agent for JS renegotiated with
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

More Info
merchants in 1837 and judgments for Halsted, Haines & Co. v. O. Granger et al. and United States v. Haws et al. that were allowed and filed by the court.
10

Edward Holbrook of the firm Holbrook & Ferme presented two 1 September 1837 notes for $269.81 and $287.05 that the court allowed for $875.14. Attorney Nehemiah Bushnell on behalf of the firm Halsted, Haines & Co. submitted two 1 September 1837 notes that the court allowed for $7,349.10. An 1839 judgment rendered in the Geauga County, Ohio, court of common pleas in favor of Halsted, Haines & Co. was allowed for $2,354.59. (See Introduction to Halsted, Haines & Co. v. O. Granger et al.; Introduction to United States v. Haws et al.; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–A; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C; Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS]; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–B; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–C; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Sept. 1848 [Ferris Administrator of the Estate of JS]; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Nov. 1848 [Ferris Administrator of the Estate of JS].)


The United States v. Haws et al. judgment was one of the largest and most contested claims against the estate. In September 1840, JS as guarantor and others had purchased the steamboat Des Moines (renamed Nauvoo) from the federal government at public auction and provided a promissory note for $4,866.38.
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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attorney
Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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initiated an action in the United States District Court in
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

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, Illinois, to recover the note after it became
default

Neglecting to perform a legal obligation. In a judicial proceeding, the nonappearance of a defendant in the time required by law, resulting in a default judgment. A similar nonappearance of a plaintiff may result in a nonsuit.

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, and the court on 11 June 1842 awarded judgment to the United States for the value of the note plus interest.
11

See Introduction to United States v. Haws et al.


The judgment remained unpaid at the time of JS’s death. On 12 December 1848, Ferris filed the judgment as a claim against the estate, which the court allowed for $5,184.31.
12

Docket Entry, Allowed Claim from the United States, 12 Dec. 1848 [Ferris Administrator of the Estate of JS].


In December 1848, Ferris began compiling an extensive inventory of JS’s real estate that included six properties
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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sold as executor; the
John

21 May 1790–24 Nov. 1860. Farmer, wagon maker, carpenter, builder. Born in Duanesburg, Schenectady Co., New York. Son of Gardner Cleveland and Annis Durkee. Moved to Cincinnati, before 1826. Married Sarah Marietta Kingsley Howe, 1826, in Cincinnati. Moved...

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and
Sarah Cleveland

20 Oct. 1788–21 Apr. 1856. Born in Becket, Berkshire Co., Massachusetts. Daughter of Ebenezer Kingsley and Sarah Chaplin. Moved to New Haven, New Haven Co., Connecticut, by 1807. Married first John Howe, 7 Dec. 1807, in New Haven. Moved to Cincinnati, by ...

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farm in
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
, Illinois; property
conveyances

The transfer of land title by one or more persons or entities to one or more others.

View Glossary
between JS, his wife, and children that
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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objected to during JS’s 1842 bankruptcy proceedings; and miscellaneous properties that JS purchased from
Hugh White

Ca. Jan. 1810–30 Mar. 1891. Steamboat captain. Born in St. Charles, St. Charles Co., Missouri Territory. Son of James White and Lurana Barber. Moved to Hancock Co., Illinois, by 1828. Family among first settlers of what became Commerce, Hancock Co. Married...

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in 1839.
13

Inventory, ca. 14 Jan. 1845 [Coolidge Administrator of the Estate of JS]; Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS]; see also Introduction to Joseph Smith’s Bankruptcy; and Historical Introduction to Schedule of Creditors, ca. 14–16 Apr. 1842.


When Ferris became aware that these assets would not cover the debts in their entirety, he published another notice in February 1849 that instructed claimants to submit their debts against the estate and announced his intent to petition the court in April to adjust claims.
14

Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS].


The day before Ferris filed the notice, attorney George Edmunds Jr. preemptively withdrew the judgment for United States v. Haws et al. from the probate court and redirected settlement of the claim in suit later brought in the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Circuit Court.
15

Edmunds served as master in chancery for the United States Circuit Court of the District of Illinois and solicitor for the Smith family and for Ferris in United States v. Joseph Smith III et al. (See “Wills,” Revised Statutes of the State of Illinois, pp. 560–562, secs. 114–115, 124; Docket Entry, Claim Withdrawn, 5 Feb. 1849 [Ferris Administrator of the Estate of JS]; Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS].)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

Edmunds was likely aware of the disparity between the value of the real estate and the amount of the allowed claims that led to Ferris’s request for adjustment. Had the probate court granted Ferris’s petition, each claimant, including the United States, would have received a proportional, reduced amount in payment. The United States ultimately received the entirety of its judgment by bringing a separate federal suit rather than competing with other creditors for limited estate assets in probate court.
16

“Wills,” Revised Statutes of the State of Illinois, p. 560, sec. 114.


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

Once the February 1849 notice was published, five creditors filed additional claims, the most significant being an 1837 promissory note from
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

More Info
merchant
Mead, Stafford & Co.

A wholesale firm operated by partners Robert Mead, Zalmon S. Mead, and Jonas Stafford in New York City from 1834 to 1838. In 1839, Robert and Zalmon Mead formed a new firm under the name Z. & R. Mead, which operated until 1841. In 1843, Robert Mead created...

View Glossary
for $1,377.01 and fee bills for two administrator cases—Coolidge Administrator of the Estate of JS Assignee of Buckwalter v. William Law and Coolidge Administrator of the Estate of JS v. Heirs of JS—all of which were allowed.
17

Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS]; Docket Entry, Allowed Claims from Phineas Kimball, 3 Apr. 1849; Fee Bill, 3 Apr. 1489 [Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law]; Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS v. Heirs of JS]; see also Introduction to Coolidge Administrator of the Estate of JS.


The final claim submitted against the estate was a promissory note to Ephraim S. Green for $2,585.05 that was filed and allowed on 1 April 1850.
18

Before submitting his claim against the estate, Green filed suit against Ferris in March 1849. The court ruled the case nonsuit. (Declaration, ca. 25 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS]; Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].)


Ferris’s efforts to pay any creditors during his administration were halted by ongoing disputes about the property he sought to sell, the probate court’s failure to grant his petition to sell real estate, and the pending judgment for United States v. Joseph Smith III et al.
19

In December 1850, Ferris stated the petition was “still pending undetermined” in the probate court. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 625, 673–674.)


While the greatest number of claims against JS’s
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
estate were submitted during the
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
administration, the Ferris administration handled fewer claims but for larger amounts, totaling $19,553.82½.
20

Ferris later recalled that the total allowed claims against the estate amounted to about thirty thousand dollars. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 624.)


Ultimately, the work of Coolidge as administrator and church trustees satisfied the first-, second-, and third-class claims held against JS’s estate.
21

See Introduction to Coolidge Administrator of the Estate of JS; and Introduction to Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS. First-class claims encompassed all funeral and “last sickness” expenses, while second-class claims included estate administrator expenses and “the physician’s bill in the last illness of the deceased.” Third-class demands involved administrator or guardianship monies to be paid from the estate; fourth-class claims were all other debts “without regard to quality or dignity.” (“Wills,” Revised Statutes of the State of Illinois, pp. 561, 562, secs. 115, 122.


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

Except for the prior
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
judgment and the Mead, Stafford & Co. notes held by Phineas Kimball and settled in separate cases during Ferris’s administration, none of the other claimants holding fourth-class claims, totaling $15,501.11, were paid during the Coolidge or the Ferris administrations.
22

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 673–674, 650–651; Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].


 
Ferris Administrator of the Estate of JS v. Heirs of JS
Although
Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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’s 1848 affidavit claimed the availability of further land, Ferris received no residual real estate upon his appointment as executor.
23

Affidavit, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 490.


Ferris apparently petitioned the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Circuit Court to sell JS’s property shortly after publishing his notice in August 1848 and proceeded to create an inventory of properties.
24

The petition, which likely contained a list of properties described in the inventory, is apparently not extant. (Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS].)


The court appointed Joseph Sibley
guardian ad litem

One appointed to defend a person under the age of twenty-one years in a legal action brought against him or her.

View Glossary
to represent the Smith children’s interest in the properties, and he filed their answer.
25

State statute granted courts the right to appoint a guardian ad litem to represent infant defendants in matters in chancery. Sibley was a defendant in United States v. Joseph Smith III et al. (Docket Entry, Appointment of Guardian ad Litem, 19 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; “Chancery,” Revised Statutes of the State of Illinois, p. 93, sec. 4; p. 99, sec. 47.)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

The solicitor for Lewis and
Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
filed their
demurrer

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

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to Ferris’s bill of complaint, and the court granted Ferris leave to amend his petition to sell real estate.
26

The amended petition is apparently not extant. (Docket Entry, Demurrer, 21 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Amended Petition, 24 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)


In September 1849, the circuit court heard and sustained the demurrer that was filed in April, and Ferris was given leave to amend his bill of complaint.
27

The amended bill of complaint is apparently not extant. (Docket Entry, Demurrer Sustained and Leave to Amend, 22 Sept. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].)


Ferris evidently filed an amended bill of complaint, and the defendants filed a demurrer to that complaint on 19 April 1850. The court continued the case for three terms, likely due to the ongoing proceedings for two related cases: Kimball v. L. C. Bidamon et al. in the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Circuit Court, in
chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

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, and United States v. Joseph Smith III et al. in the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
Circuit Court for the District of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
in
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

More Info
.
28

Docket Entry, Demurrer, 19 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 26 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 13 Oct. 1851 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 12 Mar. 1852 [Ferris Adminisrator of the Estate of JS v. Heirs of JS].


On 12 June 1852, the probate case Ferris Administrator of the Estate of JS v. Heirs of JS was stricken from the docket, as the properties at the heart of the case had been seized by the United States Circuit Court to pay the judgment for the steamboat debt described below for United States v. Joseph Smith III et al.
29

Docket Entry, Dismissal, 12 June 1852 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)


The removal of this real estate from Ferris’s control and the failure of the Hancock County Circuit Court to grant his petition essentially terminated his administrator duties.
 
Green v. Ferris Administrator of the Estate of JS
In March 1849, Ephraim S. Green initiated a suit in
trespass

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

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against Ferris as administrator of the JS estate for the payment of a promissory note originally transacted by JS. On 20 March 1843, JS had drafted a promissory note that was payable on demand to
Robert D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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for $1,818.35 plus 6 percent annually.
30

Promissory Note to Robert D. Foster, 20 Mar. 1843; JS, Journal, 20 Mar. 1843.


After JS’s death, Foster endorsed and transferred the note to Green on 20 September 1848. Green demanded payment of the note from Ferris on 1 March 1849, but Ferris refused on account of not having any estate assets in his possession.
31

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 490, 492, 515, 623–626.


Attorney
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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, representing Green, initiated the
pleading

Medieval and early modern common law courts in England developed a complex system of pretrial pleading in civil suits. Attorneys of both parties were required to file a series of legal documents, known as pleadings, that were designed “to render the facts...

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process on 26 March by filing a
declaration

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

View Glossary
at the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court asking for $3,000 in damages.
32

Promissory Note to Robert D. Foster, 20 Mar. 1843; Declaration, ca. 25 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS].


The court issued a summons that day for Ferris to appear on 16 April to answer Green’s declaration.
33

Summons, 26 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS].


On 3 April, Green evidently amended his suit to seek $4,000 for the debt and $1,000 in damages, and the court issued an updated summons for Ferris.
34

Summons, 3 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].


On 16 April 1849, Ferris by his attorney George Edmunds Jr. responded to Green’s declaration by filing legal
pleas

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

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at the circuit court. First, Ferris alleged he had never received any property after JS’s death to pay his residual debts.
35

Plea, ca. 16 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 490, 492, 515, 623–626.


Second, although state statute required that suits against estate administrators be filed a year or more after the court granted letters of administration, the plea indicated that less than a year had transpired, and Ferris pled
actio non

A term signifying that the “plaintiff ought not to have or maintain his aforesaid action” against the defendant.

View Glossary
.
36

“Wills,” Revised Statutes of the State of Illinois, p. 558, secs. 101–102; Plea, ca. 16 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Letters of Administration, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Oath, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; and Bond, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

A motion was entered the following day to dismiss the suit at Green’s costs, but
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

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filed a demurrer on 18 April to the second plea, claiming the plea was insufficient to bar Green from recovering his debt.
37

Docket Entry, Dismissal, 17 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Demurrer, ca. 17 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].


The court took the matter under advisement and heard the demurrer but overruled it, and the plaintiff took a
nonsuit

“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”

View Glossary
.
38

Docket Entry, Demurrer, 18 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].


Ferris recovered his costs from Green, and the court ordered execution of the judgment on 19 April. Green entered a motion to withdraw his papers from the court, which the court allowed.
39

Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].


On 1 April 1850, he filed the promissory note as a claim against the JS estate, which the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Probate Court allowed for $2,585.
40

Docket Entry, Allowed Claim from Ephraim S. Green, 1 Apr. 1850 [Ferris Administrator of the Estate of JS].


Like most of the claims submitted against the estate, Green’s note remained unpaid because estate assets were exhausted with the payment of a judgment favoring the federal government for the steamboat debt in United States v. Joseph Smith III et al.
41

Promissory Note to Robert D. Foster, 20 Mar. 1843; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 653, 673–674.


 
Kimball v. L. C. Bidamon et al.
Sometime in April or May 1849, Phineas Kimball, by his attorneys
Calvin A. Warren

3 June 1807–22 Feb. 1881. Lawyer. Born in Elizabethtown, Essex Co., New York. Lived at Hamilton Co., Ohio, 1832. Moved to Batavia, Clermont Co., Ohio, by 1835. Married first Viola A. Morris, 25 May 1835, at Batavia. Moved to Quincy, Adams Co., Illinois, 1836...

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,
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

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, and George Edmunds Jr., submitted a bill of complaint to William A. Minshall, presiding judge of the Fifth Judicial Circuit of the State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
, that initiated a suit in chancery for a debt previously filed against the JS estate.
42

Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Hiram Kimball for Phineas Kimball to Edmunds, Warren, and Skinner, Agreement, 26 Apr. 1849, Hiram Kimball, Collection, CHL.


Comprehensive Works Cited

Kimball, Hiram. Collection, 1830–1910. CHL.

Kimball had purchased two promissory notes from
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

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firm Mead, Stafford & Co. on 3 July 1841—notes that JS,
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, and
Jared Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

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originally transacted with the firm on 11 July 1837.
43

Promissory Note to Mead, Stafford & Co., 11 July 1837–A; Promissory Note to Mead, Stafford & Co., 11 July 1837–B; Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.] .


However, the notes may have already been paid by JS’s agent,
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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, in May 1841. If so, this suit was fraudulent—something
Joseph Smith III

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

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believed.
44

See Historical Introduction to Mortgage to Mead, Stafford & Co., 11 July 1837; Letter to Oliver Granger, 4 May 1841; Letter, Joseph Smith III to John H. Hansen, 19 May 1875; Letter, Joseph Smith III to Israel A. Smith, 31 Mar. 1910, Miscellaneous Letters and Papers, CCLA; and “The Memoirs of President Joseph Smith,” Saints’ Herald, 19 Mar. 1845, 368.


Comprehensive Works Cited

Miscellaneous Letters and Papers, 1860–1968. CCLA.

Saints’ Herald. Independence, MO. 1860–.

After JS’s death, Kimball submitted the notes as claims against the JS estate, and they were allowed by the court on 3 April 1849.
45

Promissory Note to Mead, Stafford & Co., 11 July 1837–B; Docket Entry, Allowed Claims, 14 Apr. 1845–19 Apr. 1849 [Coolidge Administrator of the Estate of JS and Ferris Administrator of the Estate of JS].


The disparity between the mounting claims and the available assets from an insolvent estate led Kimball to pursue payment of the notes through litigation.
46

Probate courts by law could render judgments, issue executions, or give final process for any filed claims or suits brought against administrators. (“Wills,” Revised Statutes of the State of Illinois, p. 561, sec. 117.)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

Kimball agreed to pay Edmunds, Warren, and Skinner three-fourths of the claim amount, or approximately $3,000, in exchange for their legal services.
47

Hiram Kimball for Phineas Kimball to Edmunds, Warren, and Skinner, Agreement, 26 Apr. 1849, Hiram Kimball, Collection, CHL.


Comprehensive Works Cited

Kimball, Hiram. Collection, 1830–1910. CHL.

In the bill of complaint that
Warren

3 June 1807–22 Feb. 1881. Lawyer. Born in Elizabethtown, Essex Co., New York. Lived at Hamilton Co., Ohio, 1832. Moved to Batavia, Clermont Co., Ohio, by 1835. Married first Viola A. Morris, 25 May 1835, at Batavia. Moved to Quincy, Adams Co., Illinois, 1836...

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,
Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

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, and Edmunds submitted to the court, they explained the terms of the original notes, how Kimball had purchased them from Mead, Stafford & Co. in 1841, and the ensuing insolvency of the estate under successive executors
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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,
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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, and John M. Ferris that ultimately prohibited payment of the notes. The bill identified several properties for liquidation to pay the claims, including property JS acquired from Erie Rhodes in 1841, land JS deeded to his wife and children in 1842, and properties JS as trustee-in-trust conveyed to his wife and children in 1843.
48

See Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; Bond from Erie Rhodes, 16 Sept. 1841; Deed to Julia M. Smith and Others, 17 Mar. 1842; Deed to Emma Smith and Others, 12 July 1843.


The complaint included references to thirteen property transactions, identified as forthcoming exhibits A–M, as additional sources for debt payment.
49

For a description of the filed exhibits, see Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; and documents calendar for Kimball v. L. C. Bidamon et al.


On 1 June 1849, a summons was issued for defendants Lewis and
Emma Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, the Smith children,
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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,
Lorin Walker

25 July 1822–26 Sept. 1907. Carpenter, miller, housepainter. Born in Peacham, Caledonia Co., Vermont. Son of John Walker and Lydia Holmes. Moved to Ogdensburg, St. Lawrence Co., New York, by 1836. Baptized into Church of Jesus Christ of Latter-day Saints ...

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,
Alanson Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

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, and estate administrators
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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and Ferris, to answer Kimball’s bill of complaint.
50

Emma Bidamon, Elisha Dixon, Julia Dixon, Lorin Walker, and John M. Ferris were served by summons while Lewis Bidamon, Alanson Ripley, William Clayton, and Joseph W. Coolidge were served by publication. Although the printed notice has not been located, Kimball by his solicitor filed his notice of publication with the court on 17 September 1849. (Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.].)


Each of the defendants was either a party in the thirteen property transactions or, in the case of the administrators, legally appointed to pay creditors from the land assets of the estate.
51

Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; “Wills,” Revised Statutes of the State of Illinois, p. 544, sec. 39.


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

All defendants were notified by service or publication by 26 April 1850 and were required to file their answer by the first day of the next court term, 18 September.
52

Docket Entry, Answer, 26 Apr. 1850 [Kimball v. L. C. Bidamon et al.]; see also Hancock Co., IL, Circuit Court, Chancery Court Records, 1838–1924, vol. D, p. 265, microfilm 955,134, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The defendants failed to answer the bill of complaint, and the court took the bill as proven or valid.
53

Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.].


The court then appointed Milton M. Morrill guardian ad litem of
Joseph Smith III

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

View Full Bio
,
Frederick Smith

20 June 1836–13 Apr. 1862. Farmer, merchant. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Married Anna Marie Jones, 13 Sept. 1857, in Hancock Co., Illinois. Died in Nauvoo, Hancock Co.

View Full Bio
,
Alexander Smith

2 June 1838–12 Aug. 1909. Photographer, carpenter, postmaster, minister. Born at Far West, Caldwell Co., Missouri. Son of JS and Emma Hale. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1839. Married Elizabeth Agnes Kendall, 23 June 1861, at Nauvoo...

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, and
David Smith

17 Nov. 1844–29 Aug. 1904. Born at Nauvoo, Hancock Co., Illinois. Son of JS and Emma Hale. Ordained an elder in Reorganized Church of Jesus Christ of Latter Day Saints, 8 Oct. 1863. Married Clara Charlotte Hartshorn, 10 May 1870, at Sandwich, De Kalb Co.,...

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to represent their interests in court.
54

Morrill became the official guardian of JS and Emma Smith’s sons on 5 August 1851. (Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Hancock Co., IL, Probate Journals, 1839–1923, Probate Journal, 1850–1855, vol. 3, p. 102, 5 Aug. 1851, microfilm 927,936, U.S. and Canada Record Collection, FHL; Hancock Co., IL, Probate Records, 1831–1912, Administrator, Executor, and Guardian Bonds, 1849–1865, vol. 1, pp. 60–61, microfilm 947,481, item 1, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Morrill evidently filed an answer on behalf of the minor children, but it has not been located.
55

Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].


On 19 September 1850,
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
attorney
Archibald Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

View Full Bio
, who was serving as prosecuting attorney for United States v. Joseph Smith III et al., filed a petition to defend the Kimball case and a demurrer responding to the bill of complaint.
56

Docket Entry, Petition and Demurrer, 19 September 1850 [Kimball v. L. C. Bidamon et al.].


Williams likely offered his services because he did not want the county circuit court to interfere with the federal government’s suit to recover the steamboat note. Kimball entered a motion to strike Williams’s petition from the court files, then withdrew exhibits A–M from the court record.
57

The properties submitted as exhibits in the Kimball case were some of those listed in Williams’s complaint for the United States’ case. Williams filed a release of the defense of the United States on 9 Mar. 1852. (Docket Entry, Motion, 24 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Withdrawal of Exhibits, 9 June 1851 [Kimball v. L. C. Bidamon et al.]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 486–506; Docket Entry, Motion, 3 Mar. 1852 [Kimball v. L. C. Bidamon et al.].)


After a
continuance

“The adjournment of a cause from one day to another,” as entered in the court record.

View Glossary
for one court term,
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
, who replaced Minshall on the bench in June 1851, referred the case to master in chancery John W. Marsh to take testimony and report to the court.
58

Gregg, History of Hancock County, Illinois, 240; Docket Entry, Continuance, 18 Oct. 1851 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Motion, 3 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; see also Hancock Co., IL, Circuit Court, Chancery Court Records, 1838–1924, vol. D, p. 425, microfilm 955,134, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

U.S. and Canada Record Collection. FHL.

On 12 March 1852,
Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
examined the bill of complaint, additional exhibits that ostensibly were submitted after exhibits A–M were withdrawn, answers filed by Ferris as estate administrator and Morrill as guardian ad litem, and Marsh’s report. Skinner ruled that the defendants pay Kimball $4,983.69 plus interest within ten days by selling properties listed in the bill of complaint and master in chancery’s report.
59

Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; see also Bond, Erie Rhodes to Robert D. Foster, 4 Mar. 1841; Deed, Robert B. and Mercy Thompson to Frederick Smith, 24 July 1841; Deed, Robert B. and Mercy Fielding Thompson to Joseph Smith III, 24 July 1841; Deed to Julia M. Smith and Others, 17 Mar. 1842; and Deed to Emma Smith and Others, 12 July 1843.


On Kimball’s motion, the court appointed Morrill as special commissioner to execute the
decree

A judgment in a court of equity that is either interlocutory or final. A final decree has the same effect as a judgment at law.

View Glossary
.
60

Illinois law granted courts the right to appoint a special commissioner when a decree made in a suit in equity directing the execution of a deed was not attended to within six months. (Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; “Chancery,” Revised Statutes of the State of Illinois, p. 98, sec. 43; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

The proceeds from the property sale were to pay costs and fees from the lawsuit, and whatever remained would be paid to Edmunds, who served as an assignee of Kimball.
61

Edmunds also served as solicitor for Emma Smith Bidamon and her children in United States v. Joseph Smith III et al. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 523.)


The court barred the defendants from equity of redemption, meaning they could not redeem the property once the judgment was discharged.
62

Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].


On 5 June 1852, Morrill sold the properties to Edmunds for $3,029.27 at an auction held at the door of the Mansion House.
63

The public sale included properties correlating to withdrawn exhibits A, I, and M that formerly belonged to Erie Rhodes, Emma Smith, and the Smith children. (Deed, 5 June 1852 [Kimball v. L. C. Bidamon et al.]; Hugh Rhodes administrator of Erie Rhodes to William Clayton, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 83–85, microfilm 954,600, U.S. and Canada Record Collection, FHL; Deed to Julia M. Smith and Others, 17 March 1842; Deed to Emma Smith and Others, 12 July 1843).


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

About a week later, Morrill filed his report of sale, which the court approved and confirmed. The court intended to issue a writ of possession to Edmunds, but it is unclear if that occurred. The case was finally disposed of on 15 June 1852.
64

Docket Entry, Report of Sale, Orders, and Dismissal, 12 June 1852 [Kimball v. L. C. Bidamon et al.].


 
United States v. Joseph Smith III et al.
On 19 August 1850 in the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Circuit Court for the District of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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, district attorney
Archibald Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

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filed a bill in chancery against Ferris as estate administrator and at least eighty-three other defendants who possessed real estate formerly belonging to JS.
65

The 1789 statute establishing the federal judiciary stated that all federal circuit courts operated as both courts of law and courts of equity or chancery and had original jurisdiction for all civil suits where the United States was plaintiff and the damages totaled $500 or more. The rules governing legal process for federal chancery cases at the time of this suit were established in March 1842 by the United States Supreme Court. (An Act to Establish the Judicial Courts of the United States [1789], Public Statutes at Large, 1st Cong., 1st Sess., chap. 20, pp. 78–79; “Rules of Practice in suits in Equity in the Circuit Courts,” in Howard, Reports of Cases Argued and Adjudged,, 1:xli–lxx.) The defendants in this case are named in Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].


Comprehensive Works Cited

The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

Howard / Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 25 vols. Various publishers. 1843–1860.

The properties at the heart of this legal dispute were evidently based on Ferris’s inventory of real estate and some of
Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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’s objections to JS’s 1842 bankruptcy petition.
66

Justin Butterfield, Williams’s predecessor as United States district attorney for the state of Illinois, had reviewed JS’s mid-April 1842 petition for bankruptcy and stated that JS’s sale of property to his wife and children after submitting his application for bankruptcy was a fraudulent conveyance. Williams likewise deemed these property conveyances questionable in his bill of complaint. (Introduction to Joseph Smith’s Bankruptcy.)


In his bill of complaint, Williams claimed that the assets liquidated during the
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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administration paid only first- and second-class claims, which covered funeral and administrative expenses, yet the judgment for United States v. Haws et al., which was related to the purchase of a steamboat in 1840—a fourth-class claim—remained unpaid. Williams also asserted that property conveyances involving the
John

21 May 1790–24 Nov. 1860. Farmer, wagon maker, carpenter, builder. Born in Duanesburg, Schenectady Co., New York. Son of Gardner Cleveland and Annis Durkee. Moved to Cincinnati, before 1826. Married Sarah Marietta Kingsley Howe, 1826, in Cincinnati. Moved...

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and
Sarah Cleveland

20 Oct. 1788–21 Apr. 1856. Born in Becket, Berkshire Co., Massachusetts. Daughter of Ebenezer Kingsley and Sarah Chaplin. Moved to New Haven, New Haven Co., Connecticut, by 1807. Married first John Howe, 7 Dec. 1807, in New Haven. Moved to Cincinnati, by ...

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farm near
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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, Illinois, deeds to
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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and her children, miscellaneous lots in the
Hugh White

Ca. Jan. 1810–30 Mar. 1891. Steamboat captain. Born in St. Charles, St. Charles Co., Missouri Territory. Son of James White and Lurana Barber. Moved to Hancock Co., Illinois, by 1828. Family among first settlers of what became Commerce, Hancock Co. Married...

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purchase in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, and property sold by Coolidge as administrator were fraudulent and therefore void, and that these conveyances were a deliberate effort to hinder or defraud the United States of America as a creditor.
67

See John and Sarah Cleveland to Emma Smith, Deed, 29 Sept. 1841, Adams Co., IL, Deeds, 1825–1886, vol. R, pp. 419–420, microfilm 967,542, U.S. and Canada Record Collection, FHL; Deed to Julia M. Smith and Others, 17 Mar. 1842; Deed to Emma Smith and Others, 12 July 1843; Hugh White to Alanson Ripley, Bond, 30 Apr. 1839, Bonds and Mortgages, 1840–1848, vol. 1, pp. 31–32, microfilm 954,776; Hugh White to Robert B. Thompson, Deed, 14 July 1841, Hancock Co., IL, Deed Records, 1817–1917, vol. I, p. 358, microfilm 954,598; Robert B. Thompson to Emma Smith, Deed, 24 July 1841, Hancock Co., IL, Deed Records, vol. I, p. 354, microfilm 954,598, U.S. and Canada Record Collection, FHL; Deed, 1 July 1845 [Coolidge Administrator of the Estate of JS]; Deed, 4–5 July 1845 [Coolidge Administrator of the Estate of JS]; and Introduction to Clayton v. E. W. Rhodes et al.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

As such, Williams claimed that the properties should be seized for payment of the 1842 United States v. Haws et al. judgment.
68

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 487–505.


On 22 August 1850, the court, presided over by Judge Thomas Drummond, subpoenaed at least eighty-four defendants to testify regarding their knowledge of the real estate in question.
69

“U.S. District Judge for Illinois,” Illinois Daily Journal (Springfield, IL), 7 Feb. 1850, [2].


Comprehensive Works Cited

Illinois Daily Journal. Springfield, IL. 1848–1855.

Between October and December 1850, forty-five of these defendants or their legal representatives submitted answers to the court, most of which claimed that the properties in their possession were legally binding conveyances. The court later ruled that it would interpret the lack of response of thirty-two defendants as a confession that
Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

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’s allegations were true.
On 14 November 1850,
Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, through her attorney George Edmunds Jr., certified an answer for herself; her husband, Lewis Bidamon; her minor children,
Joseph Smith III

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

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,
Frederick Smith

20 June 1836–13 Apr. 1862. Farmer, merchant. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Married Anna Marie Jones, 13 Sept. 1857, in Hancock Co., Illinois. Died in Nauvoo, Hancock Co.

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,
Alexander Smith

2 June 1838–12 Aug. 1909. Photographer, carpenter, postmaster, minister. Born at Far West, Caldwell Co., Missouri. Son of JS and Emma Hale. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1839. Married Elizabeth Agnes Kendall, 23 June 1861, at Nauvoo...

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, and
David Smith

17 Nov. 1844–29 Aug. 1904. Born at Nauvoo, Hancock Co., Illinois. Son of JS and Emma Hale. Ordained an elder in Reorganized Church of Jesus Christ of Latter Day Saints, 8 Oct. 1863. Married Clara Charlotte Hartshorn, 10 May 1870, at Sandwich, De Kalb Co.,...

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; and her adult daughter and son-in-law,
Julia M. Smith Dixon

30 Apr. 1831–12 Sept. 1880. Born in Warrensville, Cuyahoga Co., Ohio. Daughter of John Murdock and Julia Clapp. After death of mother, adopted by JS and Emma Smith at age of nine days. Lived in Hiram, Portage Co., Ohio, 1831. Moved to Kirtland, Geauga Co....

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and Elisha Dixon. Emma Smith Bidamon’s answer related information about her executorship and property transactions involving her and her family. In general, her testimony bolstered personal and family claims to JS’s property and challenged the validity of some land transactions made by JS and his successors as church trustee. Despite having signed deeds transferring property from her and JS to JS as trustee for the church in the 1840s, in her answer she denied that she had willingly conveyed those properties to the church and argued that the deeds she had signed were void. She also characterized the property that had been deeded to her and the children from JS as gifts either from him individually or from the church as a whole, with the exception of Julia Dixon’s portion of the property. Dixon was not JS’s biological daughter and had been informally adopted by him and Emma Smith in 1831 after the death of her mother. Emma Smith Bidamon claimed that Dixon’s biological father,
John Murdock

15 July 1792–23 Dec. 1871. Farmer. Born at Kortright, Delaware Co., New York. Son of John Murdock Sr. and Eleanor Riggs. Joined Lutheran Dutch Church, ca. 1817, then Presbyterian Seceder Church shortly after. Moved to Orange, Cuyahoga Co., Ohio, ca. 1819....

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, had given JS money at the time of the adoption to provide for her and that Dixon’s share of the properties came from that payment.
70

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 509–523.


In December 1850, Ferris also submitted an answer as the administrator of JS’s estate testifying that he had no knowledge of whether the 1842 judgment had been paid. He estimated the value of claims allowed against the entire estate at around $30,000 but complained that he personally paid about $100 for fees and legal counsel because his petition to sell the real estate was not approved. Had the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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Circuit Court approved his petition, costs relating to his administrative fees would have come from land sales, not his own pocket, and he would have received priority over fourth-class claims that included the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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. Ferris lamented that the bill of complaint submitted to the United States Circuit Court ignored his administrator expenses, which by law were to be paid from the proceeds of the real estate sale. He rejected the attempt by the United States to usurp the order of claims payment and recommended that if the court ordered the sale of real estate, the proceeds should be funneled through the administrator to pay the 1842 federal judgment and all other creditors in their proper order.
71

According to Illinois statute, claims were to be paid in the order of their assigned classes. Ferris’s executor claims, which were class two and three, superseded the class-four claim of the United States. (“Wills,” Revised Statutes of the State of Illinois, p. 561, sec. 116.)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

If the court was intent on ordering the sale of real estate, he requested payment of his administrative fees from the proceeds.
72

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 625–626.


In late December, the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Circuit Court appointed Robert S. Blackwell as special master to review certain aspects of the bill of complaint, the defendants’ answers, and other evidence filed with the court with particular emphasis on
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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’s actions as administrator and the disposition of property purchased from
Hugh White

Ca. Jan. 1810–30 Mar. 1891. Steamboat captain. Born in St. Charles, St. Charles Co., Missouri Territory. Son of James White and Lurana Barber. Moved to Hancock Co., Illinois, by 1828. Family among first settlers of what became Commerce, Hancock Co. Married...

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.
73

The rules governing federal chancery court procedures required courts to appoint either a standing master in chancery for the court or special masters for specific cases. These masters were ordered by the court to review estate accounts to determine what debts remained outstanding and what property was available. They had the power to review evidence, conduct hearings, and interview witnesses as part of their investigations. (“Rules of Practice,” in Howard, Reports of Cases Argued and Adjudged,, 1:lxiv–lxviii.)


Comprehensive Works Cited

Howard / Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 25 vols. Various publishers. 1843–1860.

Blackwell’s report confirmed many of the facts of the case. In general, Blackwell reported that the central issue for the court to decide was whether the 1842 judgment against JS and others established a lien on JS’s property. If the judgment was a lien, then Blackwell argued that the properties could be seized and sold to satisfy the government’s debt. With regard to the property JS had deeded to his wife and children, Blackwell argued that there was “no evidence sustaining the allegations in the bill” that these conveyances had been fraudulent. Nevertheless, his report left it to the court to determine whether those transfers were binding, except for
Julia Dixon

30 Apr. 1831–12 Sept. 1880. Born in Warrensville, Cuyahoga Co., Ohio. Daughter of John Murdock and Julia Clapp. After death of mother, adopted by JS and Emma Smith at age of nine days. Lived in Hiram, Portage Co., Ohio, 1831. Moved to Kirtland, Geauga Co....

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’s interest in the properties, which Blackwell confirmed based on
Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
’s testimony. Blackwell also reported that JS had in his life owned the properties that had been sold by Coolidge but did not address the accusations of fraud. Instead, he again left it to the court to determine the disposition of those properties. Blackwell also reported on Ferris’s expenses and claims to the estate but left it to the court to determine whether Ferris’s claims had any merit.
74

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 638–648; see also Introduction to Clayton v. E. W. Rhodes et al.; and Deed, JS and Emma Smith to JS as Trustee-in-Trust, 5 Oct. 1841.


On 6 January 1851, the court issued a ruling on
Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

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’s initial complaint. The court found that the government was owed $7,870.23, that the 1842 judgment created a lien upon JS’s properties purchased and sold after the date of judgment, and that some of the property identified in Williams’s complaint could be used to settle the debt. However, the court also apparently set the vast majority of Williams’s allegations aside. According to the ruling, the only properties seized at this time were most of those that had been sold by
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

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and approximately one hundred
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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city lots. Ferris’s defense of his right to control the assets of the estate was found insufficient to challenge the court’s jurisdiction, but he was paid $100 for his administrator’s fees from the sales. The court also appointed Charles B. Lawrence as a special master and commissioner to sell the land at public auction.
75

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 650–654.


While the court was still considering his initial complaint,
Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

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submitted a supplemental bill of complaint on 5 December 1850. The supplemental complaint relinquished claim to approximately forty lots in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, which Williams acknowledged had been legally sold by JS during his lifetime. However, Williams also identified over two thousand acres of property that had been donated to JS as trustee for the church—most of which came from
James

24 Jan. 1783–11 Aug. 1843. Lawyer, judge, insurance agent, land speculator. Born at Simsbury, Hartford Co., Connecticut. Son of Parmenio Adams and Chloe. In New York militia, served as ensign, 1805; as lieutenant; as captain, 1807; and as major, 1811–1815...

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and Harriet Denton Adams—as well as forty-eight town lots he had purchased for the church in
Ramus

Area settled, 1826. Founded by Latter-day Saints, 1839–1840, following exodus from Missouri. Town platted, Aug. 1840. Post office established, Sept. 1840. Incorporated as Macedonia, Mar. 1843. Renamed Webster, 23 July 1847. Population in 1845 about 380. Crooked...

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(later Macedonia and then Webster), Illinois, which Williams argued should be seized to pay JS’s debt to the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
.
76

See Deed from Stephen and Hannah Hogaboom Markham, 15 Mar. 1842; Deed from Knowlton Hanks, 24 Sept. 1842; Deed from Joshua Moore, 24 July 1843; Deed from Isaac and Lucy Gunn Morley, 27 July 1843; Deed from James and Harriet Denton Adams, 29 May 1843; and Deed from William A. and Dolly Eaton Wightman, 8 Dec. 1841.


Williams justified this proposed seizure by pointing to an 1845
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
statute that limited the amount of property an incorporated church could own to ten acres and claiming that JS had fraudulently purchased these properties under the name of church trustee when in reality they were personal assets.
77

Williams apparently ignored Illinois law in force during JS’s lifetime that allowed for church trustees to hold up to forty-five acres of property as well as an 1845 state law that specifically granted ex post facto legal status to all of JS’s transactions as trustee that were “made for a valuable consideration in good faith and without fraud.” (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 619–622; “Corporations” [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 120, sec. 44; An Act to Amend “An Act in relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149; An Act to Legalize the Sale of Property made by Joseph Smith [28 Feb. 1845], Laws of the State of Illinois [1844–1845], p. 134.)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

Laws of the State of Illinois, Passed by the Eleventh General Assembly at Their Session Began and Held at Vandalia, on the Third of December, One Thousand Eight Hundred and Thirty-Eight. Vandalia, IL: William Walters, 1839.

Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.

Laws of the State of Illinois, Passed by the Fourteenth General Assembly, at Their Regular Session, Began and Held at Springfield, December 2nd, 1844. Springfield, IL: Walters and Weber, 1845.

Williams also identified twenty-two additional defendants with apparent claims over these properties, who were duly subpoenaed.
On 9 July 1851, the court ruled that because the twenty-two defendants failed to submit answers to the court,
Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

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’s claims were taken as confessed, and Lawrence, the special commissioner, was appointed to investigate the claims. Additionally, the court appointed George Meeker to replace
Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
as guardian ad litem of the minor Smith children. That same day, although not subpoenaed, Emma Smith Bidamon, Lewis Bidamon, and Ferris submitted a joint answer to the court in response to Williams’s supplemental complaint stating that they were ignorant of the situation, but that if his claims were true, Emma Smith Bidamon was owed dower rights to the property. The recently appointed Meeker also submitted an answer that day, likewise pleading ignorance, but begging the court to exercise justice on the claims of the minor Smith children.
78

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 658–660.


Two days following the court’s ruling, Lawrence reported on the history of JS’s appointment as trustee for the church as well his successors, the sales of the properties listed in the supplemental complaint by subsequent trustees for the church, and his finding that JS had held more than ten acres in his capacity as trustee for the church.
79

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 660–665.


On 14 July 1851, the court ruled that all but one of the parcels of land mentioned in the supplemental complaint should be sold at auction by Lawrence, with Emma Smith Bidamon receiving her dower rights to the property.
80

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 666–668


On 14 January 1852, the court issued a third and final ruling on the disputed property, covering some of the properties
Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

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had identified in his two complaints that the court had initially passed over. In its ruling, the court acknowledged a number of competing claims on these properties and allowed for some defendants to be compensated for the improvements they had made on property that would be seized to pay the debt to the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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. Most notably, the court voided JS’s 17 March 1842 deed to his minor children, except for
Julia M. Smith Dixon

30 Apr. 1831–12 Sept. 1880. Born in Warrensville, Cuyahoga Co., Ohio. Daughter of John Murdock and Julia Clapp. After death of mother, adopted by JS and Emma Smith at age of nine days. Lived in Hiram, Portage Co., Ohio, 1831. Moved to Kirtland, Geauga Co....

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’s interest in the property. All of these properties were then ordered to be sold by Lawrence at public auction.
81

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 666–668.


The court-appointed sales of all these properties occurred at three public auctions held on 8 April 1851, 8 November 1851, and 3 May 1852. In its rulings, the court promised
Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
that if she relinquished her dower rights to one third of the total property, she would be paid a percentage of the proceeds from the auctions. Accordingly, prior to each auction, Emma Smith Bidamon petitioned the court to release her dower interest in exchange for one-sixth of the proceeds.
82

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 654–656, 679–681, 692–693.


Ultimately, her total dower interest from the proceeds of sales was $1,809.41. The
United States of America

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
was paid $7,870.23 for the judgment plus costs of $1,468.71.
83

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 697–698.


On 17 July 1852, Lawrence reported on the final sale and the disposition of the funds generated by the auction. The court accepted his report, and the case was closed.
84

Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 693–696.


None of the original court documents for this case are extant. However, sometime between April 1856 and 1858,
George W. Lowry

View Full Bio

, the clerk of the recently created District Court for the Southern District of Illinois, made a copy of all court records from the old District of Illinois that were relevant to the Southern District, including the records from this case. Lowry’s lack of familiarity with the case is evident from the transcript he created: names, dates, and other important details were frequently misspelled or omitted.
85

“Court Calendar,” Daily Illinois State Journal, 28 Aug. 1855, [2]; An Act to Change the Times of Holding the United States Courts in the Southern District of Illinois [23 Apr. 1856], Statutes at Large and Treaties of the United States of America, chap. 18, p. 4, sec. 2; U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 718, Records of District Courts of the United States, Record Group 21, National Archives at Chicago.


Comprehensive Works Cited

Daily Illinois State Journal. Springfield, IL. 1855–1859.

The Statutes at Large and Treaties of the United States of America. From December 3, 1855, to March 3, 1859. . . . Edited by George Minot and George P. Sanger. Vol. 11. Boston: Little, Brown, 1859.

Records of District Courts of the United States, Record Group 21, National Archives at Chicago

 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. This calendar also includes documents submitted as claims against JS’s estate. For claims believed to have been created after JS’s death, the recipient has been standardized to “the Estate of JS.”
 
Ferris Administrator of the Estate of JS, Hancock Co., Illinois, Probate Court

1845 (1)

April (1)

14 April 1845–19 April 1849

Docket Entry, Allowed Claims, Carthage, Hancock Co., IL

  • 14 Apr. 1845–19 Apr. 1849; Hancock County Probate Court, Claim Record, vol. C, p. 242, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.

1848 (13)

August (6)

8 August 1848

Almon Babbitt, Affidavit, before David Greenleaf, Carthage, Hancock Co., IL

  • 8 Aug. 1848; Hancock County Courthouse, Carthage, IL; handwriting of Almon Babbitt; signature of David Greenleaf; notation in handwriting of David Greenleaf.
8 August 1848

Docket Entry, Administration Papers, Carthage, Hancock Co., IL

  • 8 Aug. 1848; Hancock County Probate Court, Probate Record, 1841–1849, pp. 212–[213], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
8 August 1848

David Greenleaf, Letters of Administration, to John M. Ferris, for JS, Carthage, Hancock Co., IL

  • 8 Aug. 1848. Not extant.
  • Ca. 8 Aug. 1848; Hancock County Probate Court, Probate Record, vol. C, p. [322], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
8 August 1848

John M. Ferris, Oath, before David Greenleaf, Carthage, Hancock Co., IL

  • 8 Aug. 1848. Not extant.
  • Ca. 8 Aug. 1848; Hancock County Probate Court, Probate Record, vol. C, p. [322], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
8 August 1848

John M. Ferris and Almon Babbitt, Bond, Carthage, Hancock Co., IL, to “the people of the State of Illinois”

  • 8 Aug. 1848. Not extant.
  • Ca. 8 Aug. 1848; Hancock County Probate Court, Probate Record, vol. C, p. 321, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
10 August 1848

John M. Ferris Administrator of the Estate of JS, Notice, Hancock Co., IL

  • 10 Aug. 1848; Hancock (IL) Patriot, between 12 Aug. and 2 Sept. 1848.
    1

    The notice was published in four consecutive issues of the Hancock (IL) Patriot from 12 August to 2 September 1848. These issues of the Hancock Patriot have not been located, but a clipping of the notice was attached to a circa 2 September 1848 certification. (Certification, ca. 2 Sept. 1848 [Ferris Administrator of the Estate of JS].)


September (4)

Ca. 2 September 1848

James McKee, Certification, Nauvoo, Hancock Co., IL

  • Ca. 2 Sept. 1848; Claims on the Estates of Joseph and Hyrum Smith, 1844–1845, BYU; printed form with manuscript additions presumably in handwriting of James McKee.
16 September 1848

Docket Entry, Allowed Claim from Edward Holbrook, Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Jason Sherman on behalf of Edward Holbrook for $875.14. Copies of two promissory notes from JS and others to Holbrook & Ferme for a total of $556.86 had been submitted to the Hancock County Probate Court, where they presumably were filed on the same date the claim was allowed. (Promissory Note to Holbrook & Ferme, 1 Sept. 1837–A; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C.)


  • 16 Sept. 1848; Hancock County Probate Court, Probate Record, 1841–1849, p. [229], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
16 September 1848

Docket Entry, Allowed Claim from Halsted, Haines & Co., Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Halsted, Haines & Co. for $7,349.10. Two promissory notes from JS and others to Halsted, Haines & Co. for a total of $4,719.23 had been submitted to the Hancock County Probate Court, where they were presumably filed on an unknown date. It is unknown if attorney Nehemiah Bushnell on behalf of the firm or Ferris submitted copies of the promissory notes or the original notes, which are apparently no longer extant. (Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–B; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–C.)


  • 16 Sept. 1848; Hancock County Probate Court, Probate Record, 1841–1849, p. [229], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
27 September 1848

Docket Entry, Allowed Claim from Leavitt Neal, Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Leavitt Neal for $350 plus six percent interest. The promissory note submitted either by attorney David Mark on behalf of Neal or by Ferris is apparently not extant.


  • 27 Sept. 1848; Hancock County Probate Court, Probate Record, 1841–1849, p. 234, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.

November (1)

16 November 1848

Docket Entry, Allowed Claim from Halsted, Haines & Co., Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Halsted, Haines & Co. for $2,354.59. A certified copy of a judgment from Halsted, Haines & Co. v. O. Granger et al. was submitted by Onias Skinner but apparently is no longer extant. See Introduction to Halsted, Haines & Co. v. O. Granger et al.


  • 16 Nov. 1848; Hancock County Probate Court, Probate Record, 1841–1849, p. [245], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.

December (2)

12 December 1848

Docket Entry, Allowed Claim from the United States, Carthage, Hancock Co., IL
1

Docket entry allowing a claim from the United States for $5,184.31. A certified copy of a judgment from United States v. Joseph Smith III et al. was submitted to the court but apparently is no longer extant. The claim was later withdrawn. (Docket Entry, Claim Withdrawn, 5 Feb. 1849 [Ferris Administrator of the Estate of JS].)


  • 12 Dec. 1848; Hancock County Probate Court, Probate Record, 1841–1849, p. 250, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
26 December 1848

John M. Ferris, Inventory, Carthage, Hancock Co., IL

  • 26 Dec. 1848; Hancock County Courthouse, Carthage, IL; handwriting of John M. Ferris; docket and notation in handwriting of David Greenleaf.

1849 (9)

January (1)

4 January 1849

Docket Entry, Inventory, Carthage, Hancock Co., IL

  • 4 Jan. 1849; Hancock County Probate Court, Probate Record, 1841–1849, p. [253], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.

February (2)

5 February 1849

Docket Entry, Claim Withdrawn, Carthage, Hancock Co., IL
1

Docket entry withdrawing a claim from the United States for $5,184.31, which had been allowed by the court on 12 December 1848. (Docket Entry, Allowed Claim from the United States, 12 Dec. 1848 [Ferris Administrator of the Estate of JS].)


  • 5 Feb. 1849; Hancock County Probate Court, Probate Record, 1841–1849, p. [257], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
6 February 1849

John M. Ferris Administrator of the Estate of JS, Notice, Carthage, Hancock Co., IL

  • 6 Feb. 1849; Hancock (IL) Patriot, between 10 Feb. and 1 Mar. 1849.
    1

    The notice was published in four consecutive issues of the Hancock (IL) Patriot from 10 February to 1 March 1849. These issues of the Hancock Patriot have not been located, but a clipping of the notice was attached to a circa 18 April 1849 certification. (Certification, ca. 18 Apr. 1849 [Ferris Administrator of the Estate of JS].)


March (1)

Ca. 22 March 1849

Wrapper, Hancock Co., IL
1

The document originally contained inside this wrapper is unknown. Skinner’s docket, “Joseph Smith Note Hancock,” indicates it was part of the documents for the JS estate, yet its 23 March 1849 filing date does not correlate with any of the allowed claims. See Docket Entry, Allowed Claims, 14 Apr. 1845–19 Apr. 1849.


  • Ca. 22 Mar. 1849; Hancock County Courthouse, Carthage, IL; docket and notation in handwriting of Onias Skinner; notation in handwriting of David Greenleaf.

April (5)

3 April 1849

Docket Entry, Allowed Claims from Phineas Kimball, Carthage, Hancock Co., IL
1

Docket entry allowing two claims from Phineas Kimball via George Edmunds Jr. for $1,377 and $1,464.54, each with six percent interest. A promissory note from JS and others to Mead, Stafford & Co. for $1,377.01 had been submitted to the Hancock Country Probate Court, where it was likely filed the same date it was allowed. It is unknown if Edmunds submitted a copy of the promissory note or the original note. A second note to Mead, Stafford & Co. for $1,464.54 had also been submitted to the court, where it was filed on 3 April 1849. (Promissory Note to Mead, Stafford & Co., 11 July 1837–A; Promissory Note to Mead, Stafford & Co., 11 July 1837–B.)


  • 3 Apr. 1849; Hancock County Probate Court, Probate Record, 1841–1849, p. [275], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
3 April 1849

Docket Entry, Allowed Claims from David E. Head and Others, Carthage, Hancock Co., IL
1

Docket entry allowing three claims related to Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law and Coolidge Administrator of the Estate of JS v. Heirs of JS. The court allowed $9.37½ for David E. Head, $1.37½ for Lemuel Andrews, and $2.50 for Hancock County. Two fee bills from the cases had been submitted to the Hancock Country Probate Court, where they were filed on 3 April 1849. (Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law]; Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS v. Heirs of JS].)


  • 3 Apr. 1849; Hancock County Probate Court, Probate Record, 1841–1849, p. [275], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
17 April 1849

Docket Entry, Allowed Claim from Hugh Herringshaw, Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Hugh Herringshaw for $925. A statement of account from Herringshaw for $925 had been submitted to the Hancock County Probate Court, where it was filed on 17 April 1849. (Statement of Account from Hugh Herringshaw, 27 Mar. 1849.)


  • 17 Apr. 1849; Hancock County Probate Court, Probate Record, 1841–1849, p. 282, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.
Ca. 18 April 1849

James McKee, Certification, Nauvoo, Hancock Co., IL

  • Ca. 18 Apr. 1849; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions presumably in handwriting of James McKee; docket in handwriting of George Edmunds Jr.; notation in handwriting of David Greenleaf.
19 April 1849

Docket Entry, Allowed Claim from Amos Davis, Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Amos Davis for $258.02. The promissory note submitted by Davis is apparently not extant.


  • 19 Apr. 1849; Hancock County Probate Court, Probate Record, 1841–1849, p. 284, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David Greenleaf.

1850 (1)

April (1)

1 April 1850

Docket Entry, Allowed Claim from Ephraim S. Green, Carthage, Hancock Co., IL
1

Docket entry allowing a claim from Ephraim S. Green for $2,585.05. The promissory note submitted by Green is apparently not extant.


  • 1 Apr. 1850; Hancock County Probate Court, Probate Journal, vol. 3, pp. 12–13, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
 
Claims on the Estate of JS

1837 (6)

July (2)

11 July 1837

JS and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Mead, Stafford & Co., 11 July 1837–A
1

Note for $1,377.01 due 8 July 1838.


  • 11 July 1837; private possession; photocopy of recto at CHL; handwriting of Reuben Hitchcock; signatures of JS, Sidney Rigdon, Hyrum Smith, Reynolds Cahoon, Jared Carter, and Oliver Cowdery.
    2

    Either the original promissory note or a copy was presumably filed with the Hancock County Probate Court on the same date the claim was allowed. George Edmunds Jr. on behalf of Phineas Kimball evidently submitted the claim for $1,377.01 directly to the court. The court allowed the claim for $1,377 plus six percent interest. At the same time, the court allowed a second claim from Kimball for $1,464.54 plus six percent interest, based on a promissory note to Mead, Stafford & Co. that was filed with the court on 3 April 1849. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claims from Phineas Kimball, 3 Apr. 1849 [Ferris Administrator of the Estate of JS]; Promissory Note to Mead, Stafford & Co., 11 July 1837–B.)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

11 July 1837

JS and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Mead, Stafford & Co., 11 July 1837–B
1

Note for $1,464.54 due 8 July 1839. In 2013, Church History Department staff examined the original manuscript that includes two notations on its verso. A 3 June 1841 notation from attorneys Hitchcock & Wilder on behalf of Mead, Stafford & Co. indicates the note was “without recourse,” indemnifying Mead, Stafford & Co. from paying subsequent holders of the note. David Greenleaf inscribed a second notation indicating the claim was filed and allowed to George Edmunds Jr., apparently on behalf of Phineas Kimball, on 3 April 1849.


  • 11 July 1837; private possession; photocopy of recto at CHL; handwriting of Reuben Hitchcock; signatures of JS, Oliver Cowdery, Sidney Rigdon, Hyrum Smith, Reynolds Cahoon, and Jared Carter.
    2

    The promissory note was filed with the Hancock County Probate Court on 3 April 1849. George Edmunds Jr. on behalf of Phineas Kimball submitted his claim directly to the court in the presence of Ferris. The court allowed the claim for the full amount of $1,464.54 plus six percent interest. At the same time, the court allowed a second claim from Kimball for $1,377 plus six percent interest, based on a promissory note to Mead, Stafford & Co. that was presumably filed with the court on 3 April 1849. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claims from Phineas Kimball, 3 Apr. 1849 [Ferris Administrator of the Estate of JS]; Promissory Note to Mead, Stafford & Co., 11 July 1837–A.)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

September (4)

1 September 1837

JS and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Holbrook & Ferme, New York City, New York Co., NY, 1 Sept. 1837–A
1

Note for $269.81 due 1 September 1838. Two additional promissory notes directed to Holbrook & Ferme were created on 1 September 1837. One of these additional notes was part of Edward Holbrook’s claim against JS’s estate. The other note, which apparently is no longer extant, was not included in the claim. (Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C; Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)


  • 1 Sept. 1837; Ohio Historical Society, Columbus, OH; handwriting of William Perkins; signatures of JS and 30 others.
  • Ca. 15 Sept. 1848. Not extant.
    2

    See Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS]. Copies of this and another promissory note from the same date were presumably filed with the Hancock County Probate Court on the same date the claim was filed. Ferris and Holbrook’s attorney Jason Sherman presented the claim for a total of $556.86 directly to the court. The court allowed the claim for $875.14. (Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

1 September 1837

JS and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Holbrook & Ferme, New York City, New York Co., NY, 1 Sept. 1837–C
1

Note for $287.05 due 1 September 1839. Two additional promissory notes directed to Holbrook & Ferme were created on 1 September 1837. One of these additional notes was part of Edward Holbrook’s claim against JS’s estate. The other note, which apparently is no longer extant, was not included in the claim. (Promissory Note to Holbrook & Ferme, 1 Sept. 1837–A; Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)


  • 1 Sept. 1837; BYU; handwriting of William Perkins; signatures of JS and 30 others.
  • Ca. 15 Sept. 1848. Not extant.
    2

    See Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS]. Copies of this and another promissory note from the same date were presumably filed with the Hancock County Probate Court on the same date the claim was allowed. Ferris and Holbrook’s attorney Jason Sherman evidently submitted the claim for a total of $556.86 directly to the court. The court allowed the claim for $875.14. (Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

1 September 1837

Jared Carter and Others (Including JS), Promissory Note, Kirtland Township, Geauga Co., OH, to Halsted, Haines & Co., New York City, New York Co., NY, 1 Sept. 1837–B
1

Note for $2,323.66 due 1 March 1839. Two additional promissory notes directed to Halsted, Haines & Co. were created on 1 September 1837. One of these additional notes was part of the firm’s claim against JS’s estate, while the other was not. (Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–C; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–A.)


  • 1 Sept. 1837; handwriting probably of William Perkins; probable signatures of JS and 32 others. Not extant.
    2

    See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838; and Letter from Orville Browning and Nehemiah Bushnell, 23 Nov. 1841. This and another promissory note directed to Halsted, Haines & Co. were presumably filed with the Hancock County Probate Court on an unknown date. It is unknown if the firm submitted copies of the promissory notes or the original notes. Attorney Nehemiah Bushnell on behalf of Halsted, Haines & Co. may have submitted its claim for a total of $4,719.23 directly to the court, or Bushnell may have submitted the claim to John M. Ferris to present to the court on its behalf. The court allowed the claim for $7,349.10. (Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–C; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Sept. 1848 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  • Before 1867. Not extant.
    3

    A docket on the copy of this note in Brigham Young Office, Halsted, Haines & Co. File, 1867, CHL, indicates that it was transcribed from a copy in the possession of Roys & Haines of Leavenworth, Kansas.


  • Ca. 1867; Brigham Young Office, Halsted, Haines & Co. File, 1867, CHL; handwriting of Thomas W. Ellerbeck.
1 September 1837

Jared Carter and Others (Including JS), Promissory Note, Kirtland Township, Geauga Co., OH, to Halsted, Haines & Co., New York City, New York Co., NY, 1 Sept. 1837–C
1

Note for $2,395.57 due 1 September 1839. Two additional promissory notes directed to Halsted, Haines & Co. were created on 1 September 1837. One of these additional notes was part of the firm’s claim against JS’s estate, while the other was not. (Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–B; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–A.)


  • 1 Sept. 1837; handwriting probably of William Perkins; probable signatures of JS and 32 others. Not extant.
    2

    See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838; and Letter from Orville Browning and Nehemiah Bushnell, 23 Nov. 1841. This and another promissory note directed to Halsted, Haines & Co. were presumably filed with the Hancock County Probate Court on an unknown date. It is unknown if attorney Nehemiah Bushnell on behalf of the firm submitted copies of the promissory notes or the original notes. Bushnell may have submitted the claim for a total of $4,719.23 directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on behalf of the firm. The court allowed the claim for $7,349.10. (Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–B; An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Sept. 1848 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  • Before 1867. Not extant.
    3

    A docket on the copy of this note in Brigham Young Office, Halsted, Haines & Co. File, 1867, CHL, indicates that it was transcribed from a copy in the possession of Roys & Haines of Leavenworth, Kansas.


  • Ca. 1867; Brigham Young Office, Halsted, Haines & Co. File, 1867, CHL; handwriting of Thomas W. Ellerbeck.

1839 (1)

April (1)

Ca. 16 April 1839

Judgment, Chardon, Geauga Co., OH

  • Ca. 16 Apr. 1839. Not extant.
  • 16 Nov. 1848. Not extant.
    1

    See Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Nov. 1848 [Ferris Administrator of the Estate of JS]. A certified copy of a judgment from Halsted, Haines & Co. v. O. Granger et al. was filed with the Hancock County Probate Court, likely on the same date the claim was allowed. Onias Skinner may have submitted Halsted, Haines & Co.’s claim directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on his behalf. The court allowed the claim for $2,354.59. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Nov. 1848 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

1841 (1)

August (1)

Between 29 April 1840 and 23 August 1841

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Oliver Granger

  • Between 29 Apr. 1840 and 23 Aug. 1841. Not extant.
    1

    See Docket Entry, Allowed Claim from Amos Davis, 19 Apr. 1849 [Ferris Administrator of the Estate of JS]. A promissory note for an unknown amount was filed with the Hancock County Probate Court likely on the same date it was allowed. Davis may have submitted his claim directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on his behalf. The court allowed the claim for $258.02. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Amos Davis, 19 Apr. 1849 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

1842 (1)

June (1)

Ca. 11 June 1842

Judgment, Springfield, Sangamon Co., IL

  • Ca. 11 June 1842. Not extant.
  • 12 Dec. 1848. Not extant.
    1

    See Docket Entry, Allowed Claim from the United States, 12 Dec. 1848 [Ferris Administrator of the Estate of JS]. A certified copy of a judgment from United States v. Haws et al. was filed with the Hancock County Probate Court, likely on the same date the claim was allowed. A representative, possibly United States attorney Archibald Williams, may have submitted the claim to John M. Ferris to present to the court on the government’s behalf. The court allowed the claim for $5,184.31. The claim was later withdrawn. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from the United States, 12 Dec. 1848 [Ferris Administrator of the Estate of JS]; Docket Entry, Claim Withdrawn, 5 Feb. 1849 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

1844 (2)

April (1)

20 April 1844

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Leavitt Neal

  • 20 Apr. 1844. Not extant.
    1

    See Docket Entry, Allowed Claim from Leavitt Neal, 27 Sept. 1848 [Ferris Administrator of the Estate of JS]. A promissory note for $350 plus six percent interest was filed with the Hancock County Probate Court on the same date the claim was allowed. David Mark on behalf of Neal submitted his claim directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on his behalf. The court allowed the claim for $350 plus six percent interest. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Leavitt Neal, 27 Sept. 1848 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

June (1)

Between ca. 7 November 1843 and 27 June 1844

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Ephraim S. Green

  • Between ca. 7 Nov. 1843 and 27 June 1844. Not extant.
    1

    See Docket Entry, Allowed Claim from Ephraim S. Green, 1 Apr. 1850 [Ferris Administrator of the Estate of JS]. Green’s unidentified attorney filed a promissory note for an unknown amount with the Hancock County Probate Court on the same date it was allowed. The court allowed the claim for $2,585.05. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Ephraim S. Green, 1 Apr. 1850 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

1849 (3)

March (1)

27 March 1849

Hugh Herringshaw, Statement of Account, Nauvoo, Hancock Co., IL, for the Estate of JS

  • 27 Mar. 1849; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Hugh Herringshaw; docket in handwriting of Hugh Herringshaw; notation and endorsement in handwriting of David Greenleaf.
    1

    The statement of account was filed with the Hancock County Probate Court on 17 April 1849. Herringshaw may have submitted his claim directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on his behalf. The court allowed the claim for the full amount of $925. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claim from Hugh Herringshaw, 17 Apr. 1849 [Ferris Administrator of the Estate of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

April (2)

3 April 1849

J. A. Winston on behalf of David E. Head, Fee Bill, Carthage, Hancock Co., IL, 3 April 1849–A

  • 3 Apr. 1849; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of J. A. Winston; certification printed with manuscript additions in handwriting of J. A. Winston; docket in handwriting of J. A. Winston; notation in handwriting of David Greenleaf.
    1

    This fee bill for Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law was filed with the Hancock County Probate Court on 3 April 1849. David E. Head may have submitted this claim directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on his behalf. The court allowed the claim of $1.37½ for Rock Island County sheriff Lemuel Andrews. At the same time, the court allowed two additional claims, one for $9.37½ for Head and another for $2.50 for Hancock County, based on a fee bill for Coolidge Administrator of the Estate of JS v. Heirs of JS that was also filed with the court on 3 April 1849. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claims from David E. Head and Others, 3 Apr. 1849 [Ferris Administrator of the Estate of JS]; Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS v. Heirs of JS].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

3 April 1849

J. A. Winston on behalf of David E. Head, Fee Bill, Carthage, Hancock Co., IL, 3 April 1849–B

  • 3 Apr. 1849; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; certification printed with manuscript additions presumably in handwriting of J. A. Winston; docket in handwriting of J. A. Winston; notation in handwriting of David Greenleaf.
    1

    This fee bill for Coolidge Administrator of the Estate of JS v. Heirs of JS was filed with the Hancock County Probate Court on 3 April 1849. David E. Head may have submitted this claim directly to the court, or he may have submitted the claim to John M. Ferris to present to the court on his behalf. The court allowed two claims related to the fee bill, one for $9.37½ for Head and another for $2.50 for Hancock County. At the same time, the court allowed $1.37½ for Lemuel Andrews, based on a fee bill for Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law that was also filed with the court on 3 April 1849. (An Act relative to Wills and Testaments, Executors and Administrators, and the Settlement of Estates [1 July 1829], Public and General Statute Laws of the State of Illinois, p. 710, sec. 95; Docket Entry, Allowed Claims from David E. Head and Others, 3 Apr. 1849 [Ferris Administrator of the Estate of JS]; Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law].)


    Comprehensive Works Cited

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

 
Ferris Administrator of the Estate of JS v. Heirs of JS, Hancock Co., Illinois, Circuit Court, in Chancery

1849 (11)

April (9)

Ca. 16 April 1849

John M. Ferris, Notice, Hancock Co., IL

  • Ca. 16 Apr. 1849. Not extant.
    1

    See Docket Entry, Notice of Publication, 17 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].


17 April 1849

Docket Entry, Notice of Publication, Carthage, Hancock Co., IL

  • 17 Apr. 1849; Hancock County Circuit Court, Chancery Record, vol. D, p. [101], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
19 April 1849

Docket Entry, Appointment of Guardian ad Litem, Carthage, Hancock Co., IL

  • 19 Apr. 1849; Hancock County Circuit Court, Chancery Record, vol. D, pp. 110–[111], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
Ca. 20 April 1849

John M. Ferris, Bill in Chancery, Hancock Co., IL

  • Ca. 20 Apr. 1849. Not extant.
    1

    See Docket Entry, Demurrer, 21 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].


Ca. 20 April 1849

Lewis C. Bidamon and Emma Smith Bidamon, Demurrer, Hancock Co., IL

  • Ca. 20 Apr. 1849. Not extant.
    1

    See Docket Entry, Demurrer, 21 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].


21 April 1849

Docket Entry, Demurrer, Carthage, Hancock Co., IL

  • 21 Apr. 1849; Hancock County Circuit Court, Chancery Record, vol. D, p. [117], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
Ca. 23 April 1849

John M. Ferris, Petition, Hancock Co., IL

  • Ca. 23 Apr. 1849. Not extant.
    1

    See Docket Entry, Amended Petition, 24 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].


Ca. 23 April 1849

John M. Ferris, Amended Petition, Hancock Co., IL

  • Ca. 23 Apr. 1849. Not extant.
    1

    See Docket Entry, Amended Petition, 24 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].


24 April 1849

Docket Entry, Amended Petition, Carthage, Hancock Co., IL

  • 24 Apr. 1849; Hancock County Circuit Court, Chancery Record, vol. D, p. 124, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.

September (2)

Ca. 21 September 1849

Lewis C. Bidamon and Emma Smith Bidamon, Demurrer, Hancock Co., IL

  • Ca. 21 Sept. 1849. Not extant.
    1

    See Docket Entry, Demurrer Sustained and Leave to Amend, 22 Sept. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].


22 September 1849

Docket Entry, Demurrer Sustained and Leave to Amend, Carthage, Hancock Co., IL

  • 22 Sept. 1849; Hancock County Circuit Court, Chancery Record, vol. D, p. [189], Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

1850 (4)

April (4)

Between 22 September 1849 and ca. 18 April 1850

John M. Ferris, Amended Bill in Chancery, Hancock Co., IL

  • Between 22 Sept. 1849 and ca. 18 Apr. 1850. Not extant.
    1

    See Docket Entry, Demurrer Sustained and Leave to Amend, 22 Sept. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; and Docket Entry, Demurrer, 19 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS].


Ca. 18 April 1850

Lewis C. Bidamon and Emma Smith Bidamon, Demurrer, Hancock Co., IL

  • Ca. 18 Apr. 1850. Not extant.
    1

    See Docket Entry, Demurrer, 19 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS].


19 April 1850

Docket Entry, Demurrer, Carthage, Hancock Co., IL

  • 19 Apr. 1850; Hancock County Circuit Court, Chancery Record, vol. D, p. [207], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.
26 April 1850

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 26 Apr. 1850; Hancock County Circuit Court, Chancery Record, vol. D, p. 251, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

1851 (2)

June (1)

9 June 1851

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 9 June 1851; Hancock County Circuit Court, Chancery Record, vol. D, p. 322, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

October (1)

13 October 1851

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 13 Oct. 1851; Hancock County Circuit Court, Chancery Record, vol. D, p. [373], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

1852 (2)

March (1)

12 March 1852

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 12 Mar. 1852; Hancock County Circuit Court, Chancery Record, vol. D, p. 452, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

June (1)

12 June 1852

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 12 June 1852; Hancock County Circuit Court, Chancery Record, vol. D, p. [481], Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
 
Green v. Ferris Administrator of the Estate of JS,

1843 (1)

March (1)

20 March 1843

JS, Promissory Note, Nauvoo, Hancock Co., IL, to Robert D. Foster
1

Note for $1,818.35 due on demand.


  • 20 Mar. 1843; private possession; photocopy at CHL; handwriting of William Clayton; signature of JS; docket in handwriting of Robert D. Foster; notation in handwriting of Robert D. Foster; notation in handwriting of John M. Ferris; endorsement in unidentified handwriting.
  • Ca. 25 Mar. 1849; in Chauncey L. Higbee on behalf of Ephraim S. Green, Declaration, microfilm 1,521,613 at FHL; handwriting of Chauncey L. Higbee.
 
Green v. Ferris Administrator of the Estate of JS, Hancock Co., Illinois, Circuit Court

1849 (9)

March (3)

Ca. 25 March 1849

Chauncey L. Higbee on behalf of Ephraim S. Green, Declaration, Hancock Co., IL

  • Ca. 25 Mar. 1849; microfilm 1,521,613 at FHL; handwriting of Chauncey L. Higbee; docket in handwriting of Jacob B. Backenstos; notations in handwriting of David E. Head.
Ca. 25 March 1849

Chauncey L. Higbee on behalf of Ephraim S. Green, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • Ca. 25 Mar. 1849; microfilm 1,521,613 at FHL; handwriting of Chauncey L. Higbee; docket in handwriting of Jacob B. Backenstos; notations and endorsement in handwriting of David E. Head.
    1

    The praecipe was inscribed on page 7 of Declaration, ca. 25 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS].


26 March 1849

David E. Head, Summons, to Hancock Co. Coroner, for John M. Ferris, Carthage, Hancock Co., IL

  • 26 Mar. 1849; microfilm 1,521,613 at FHL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of John Reed Williams; notation printed with manuscript additions in handwriting of David E. Head.

April (6)

3 April 1849

J. A. Winston on behalf of David E. Head, Summons, to Hancock Co. Coroner, for John M. Ferris, Carthage, Hancock Co., IL

  • 3 Apr. 1849; microfilm 1,521,613 at FHL; printed form with manuscript additions in handwriting of J. A. Winston; docket printed with manuscript additions in handwriting of J. A. Winston; notations printed with manuscript additions presumably in handwriting of M. Barnes; notation printed with manuscript additions in handwriting of J. A. Winston; notation in unidentified handwriting.
Ca. 15 April 1849

John M. Ferris, Plea, Hancock Co., IL

  • Ca. 15 Apr. 1849; microfilm 1,521,613 at FHL; handwriting of John M. Ferris; docket in handwriting of John M. Ferris; notation in handwriting of David E. Head.
17 April 1849

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 17 Apr. 1849; Hancock County Circuit Court Record, vol. E, p. 283, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of David E. Head.
Ca. 17 April 1849

Chauncey L. Higbee on behalf of Ephraim S. Green, Demurrer, Hancock Co., IL

  • Ca. 17 Apr. 1849; microfilm 1,521,613 at FHL; handwriting of Chauncey L. Higbee; docket and notation in handwriting of David E. Head.
18 April 1849

Docket Entry, Demurrer, Carthage, Hancock Co., IL

  • 18 Apr. 1849; Hancock County Circuit Court Record, vol. E, pp. [300]–301, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.
19 April 1849

Docket Entry, Demurrer Overruled and Nonsuit, Carthage, Hancock Co., IL

  • 19 Apr. 1849; Hancock County Circuit Court Record, vol. E, p. 303, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.
 
Kimball v. L. C. Bidamon et al., Hancock Co., Illinois, Circuit Court, in Chancery

1849 (4)

May (1)

Between 26 April and ca. 31 May 1849

Calvin A. Warren and Others on behalf of Phineas Kimball, Bill in Chancery, Hancock Co., IL
1

The bill in chancery indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located. The exhibits were later withdrawn. (Docket Entry, Withdrawal of Exhibits, 9 June 1851 [Kimball v. L. C. Bidamon et al.].)

A Deed, Hugh Rhodes Administrator of the Estate of Erie Rhodes to William Clayton, 12 Oct. 1843
B Deed, William and Ruth Moon Clayton to Julia M. Smith and Others, 28 Aug. 1843
C Bond, Hugh White to Alanson Ripley, 30 Apr. 1839
D Deed, Hugh White to Robert B. Thompson, 14 July 1841
E Deed, Robert B. and Mercy Fielding Thompson to Emma Smith, 24 July 1841
F Deed, Robert B. and Mercy Fielding Thompson to Frederick Smith, 24 July 1841
G Deed, Robert B. and Mercy Fielding Thompson to Joseph Smith III, 24 July 1841
H Deed, JS and Emma Smith to JS as Trustee-in-Trust, 5 Oct. 1841
I Deed to Emma Smith and Others, 12 July 1843
J Deed, Emma Smith to Lorin Walker, 20 Dec. 1847
K Deed, Lorin and Lovina Smith Walker to Emma Smith, 7 May 1847
L Deed, John and Malinda Robinson Barnett to Joseph Smith III and Others, 21 Mar. 1842
M Deed to Julia M. Smith and Others, 17 Mar. 1842


  • Between 26 Apr. and ca. 31 May 1849; CCLA; unidentified handwriting; notation in unidentified handwriting.

June (1)

1 June 1849

Summons, for Emma Smith and Others, Carthage, Hancock Co., IL

  • 1 June 1849. Not extant.
    1

    See Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.].


September (2)

Ca. 16 September 1849

Notice, Carthage, Hancock Co., IL

  • Ca. 16 Sept. 1849. Not extant.
    1

    See Docket Entry, Notice of Publication, 17 Sept. 1849 [Kimball v. L. C. Bidamon et al.].


17 September 1849

Docket Entry, Notice of Publication, Carthage, Hancock Co., IL

  • 17 Sept. 1849; Hancock County Circuit Court, Chancery Record, vol. D, p. 158, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

1850 (6)

April (1)

26 April 1850

Docket Entry, Answer, Carthage, Hancock Co., IL

  • 26 Apr. 1850; Hancock County Circuit Court, Chancery Record, vol. D, p. [247], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

September (5)

Ca. 18 September 1850

Archibald Williams, Petition, Springfield, Sangamon Co., IL

  • Ca. 18 Sept. 1850. Not extant.
    1

    See Docket Entry, Petition and Demurrer, 19 Sept. 1850 [Kimball v. L. C. Bidamon et al.].


Ca. 18 September 1850

Archibald Williams, Demurrer, Springfield, Sangamon Co., IL

  • Ca. 18 Sept. 1850. Not extant.
    1

    See Docket Entry, Petition and Demurrer, 19 Sept. 1850 [Kimball v. L. C. Bidamon et al.].


19 September 1850

Docket Entry, Petition and Demurrer, Carthage, Hancock Co., IL

  • 19 Sept. 1850; Hancock County Circuit Court, Chancery Record, vol. D, p. 268, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.
20 September 1850

Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, Carthage, Hancock Co., IL

  • 20 Sept. 1850; Hancock County Circuit Court, Chancery Record, vol. D, p. 270, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.
24 September 1850

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 24 Sept. 1850; Hancock County Circuit Court, Chancery Record, vol. D, p. [287], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

1851 (3)

June (1)

9 June 1851

Docket Entry, Withdrawal of Exhibits, Carthage, Hancock Co., IL

  • 9 June 1851; Hancock County Circuit Court, Chancery Record, vol. D, p. 322, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

July (1)

23 July 1851

George Edmunds Jr. on behalf of Phineas Kimball, Assignment, Hancock Co., IL, to Emma Smith Bidamon and Others

  • 23 July 1851; Lewis C. Bidamon Papers, 1837–1962, Henry E. Huntington Library, San Marino, CA; handwriting of George Edmunds Jr.

October (1)

18 October 1851

Docket Entry, Continuance, Carthage, Hancock Co., IL

  • 18 Oct. 1851; Hancock County Circuit Court, Chancery Record, vol. D, p. 406, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of J. A. Winston.

1852 (9)

March (6)

3 March 1852

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 3 Mar. 1852; Hancock County Circuit Court, Chancery Record, vol. D, p. 416, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
Ca. 8 March 1852

Release of the Defense, Carthage, Hancock Co., IL

  • Ca. 8 Mar. 1852. Not extant.
    1

    See Docket Entry, Release of the Defense, 9 Mar. 1852 [Kimball v. L. C. Bidamon et al.].


9 March 1852

Docket Entry, Release of the Defense, Carthage, Hancock Co., IL

  • 9 Mar. 1852; Hancock County Circuit Court, Chancery Record, vol. D, p. [437], Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
Between 20 September 1850 and ca. 11 March 1852

John M. Ferris Administrator of the Estate of JS and Milton M. Morrill Guardian ad Litem, Answer, Hancock Co., IL

  • Between 20 Sept. 1850 and ca. 11 Mar. 1852. Not extant.
    1

    See Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].


Between 3 and ca. 11 March 1852

John W. Marsh, Report, Hancock Co., IL

  • Between 3 and ca. 11 Mar. 1852. Not extant.
    1

    See Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].


12 March 1852

Docket Entry, Orders and Continuance, Carthage, Hancock Co., IL

  • 12 Mar. 1852; Hancock County Circuit Court, Chancery Record, vol. D, p. 460, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

June (3)

5 June 1852

Milton M. Morrill, Deed for Property in Nauvoo, Hancock Co., IL, to George Edmunds Jr.

  • 5 June 1852. Not extant.
  • 14 June 1852; Hancock Co., IL, Deed Records, vol. 34, pp. [217]–218, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
Ca. 11 June 1852

Report of Sale, Hancock Co., IL

  • Ca. 11 June 1852. Not extant.
    1

    See Docket Entry, Report of Sale, Orders, and Dismissal, 12 June 1852 [Kimball v. L. C. Bidamon et al.].


12 June 1852

Docket Entry, Report of Sale, Orders, and Dismissal, Carthage, Hancock Co., IL

  • 12 June 1852; Hancock County Circuit Court, Chancery Record, vol. D, p. 482, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
 
United States v. Joseph Smith III et al., United States Circuit Court for the District of Illinois, Springfield, Sangamon Co., Illinois

1850 (27)

August (3)

Ca. 18 August 1850

Archibald Williams, Bill in Chancery, Springfield, Sangamon Co., IL

  • Ca. 18 Aug. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 487–506, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 18 August 1850

Archibald Williams, Praecipe, to the Clerk of the United States Circuit Court for the District of Illinois, Springfield, Sangamon Co., IL

  • Ca. 18 Aug. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 506, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
22 August 1850

William Pope, Summons, to U.S. Marshal of the District of IL, for Joseph Smith III and Others, Springfield, Sangamon Co., IL

  • 22 Aug. 1850. Not extant.
  • 16 Sept. 1850. Not extant.
    1

    Deputy United States marshal I. VanBergen served copies of the summons on fifty-two of the defendants on 16 September 1850 and left copies at the residences of twenty-seven others. It is possible that multiple defendants living at the same residence received only one copy of the summons. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 508.)


  • 17 Sept. 1850. Not extant.
    2

    United States marshal Benjamin Bond authorized Abraham Jonas to serve the writ on Joshua Ward and John Tilson. Jonas served a copy of the summons on Ward on 17 September 1850. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 508.)


  • 17 Sept. 1850. Not extant.
    3

    United States marshal Benjamin Bond authorized Abraham Jonas to serve the writ on Joshua Ward and John Tilson. Jonas left a copy of the summons at Tilson’s residence on 17 September 1850. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 508.)


  • 26 Sept. 1850. Not extant.
    4

    United States marshal Benjamin Bond authorized William Barrows to serve the writ on John L. Hanna and William Hanna. Barrows served a copy of the summons on William Hanna on 26 September 1850. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 508.)


  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 506–508, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

October (4)

Ca. 17 October 1850

John Wolfe, Answer, Illinois

  • Ca. 17 Oct. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 508–509, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 17 October 1850

Luke P. Prentice, Answer, Illinois

  • Ca. 17 Oct. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 509, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 17 October 1850

David W. Vrooman, Answer, Illinois

  • Ca. 17 Oct. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 509, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 17 October 1850

Nathan Prentice, Answer, Illinois

  • Ca. 17 Oct. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 509, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

November (10)

14 November 1850

Emma Smith Bidamon and Others, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that a copy of a 26 July 1847 deed from the Hancock County, Illinois, sheriff to Emma Smith was included as exhibit A. The copy filed with the court has not been located, and this deed has not been located in Hancock County records.


  • 14 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 509–524, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
21 November 1850

Onias Skinner and Joseph Sibley on behalf of Isaac S. Sanders and Others, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed, Emma Smith Bidamon and Others to Richard M. Mills, 5 Jan. 1850
C Deed, Richard M. Mills to Evert L. Yates and Isaac S. Sanders, 2 Apr. 1850
D Deed, Richard M. Mills to Isaac S. Sanders and Evert L. Yates, 28 Aug. 1850
E Deed, Richard M. Mills to Christopher E. Yates, 18 May 1850
F Deed to Elias Harmer, 3 June 1842
G Deed to Amos Moore, 11 July 1843
H Deed to Martha McBride Knight, 6 Sept. 1841
J Deed, Richard M. Mills to Isaac S. Sanders, 4 Feb. 1850
K Deed, Richard M. Mills to Isaac S. Sanders, 18 May 1850
L Deed to Reuben W. Allred, 15 Mar. 1843
M Deed to Dimick B. Huntington, 7 Mar. 1843
N Deed to Lydia Dibble Granger, 15 Mar. 1843
O Deed to Mary Fielding Smith, 15 Mar. 1843
P Deed to William Ford, 26 May 1843 (unlocated in Hancock County Records)
Q Deed, Lewis C. and Emma Smith Bidamon to Daniel G. Luce, 19 June 1849
R Deed, Daniel G. Luce to Napolean Perry, 4 Jan. 1850
T Deed to Gilbert Gouldsmith, 7 Mar. 1843
U Deed to Elizabeth Davis Durfee, 10 Mar. 1843


  • 21 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 524–534, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
21 November 1850

John Winter and Others, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed to Hezekiah Sprague, 4 Aug. 1843
B Deed, Emma Smith to Benjamin P. VanCourt, 26 Aug. 1847
C Deed, Benjamin P. and Hannah W. VanCourt to Jonathan T. Wilbur, 24 Mar. 1848
D Deed, Jonathan T. and Helen M. Wilbur to Hiram Griffin, 17 Mar. 1849
E Deed, Jonathan T. and Helen M. Wilbur to Benjamin P. VanCourt, 22 Feb. 1849
F Deed, Benjamin P. VanCourt to Hiram Griffin, 3 July 1849 (unlocated in Hancock County Records)
G Deed to Robert Snider, 9 Sept. 1842
H Deed, Emma Smith to Benjamin P. VanCourt, 21 Dec. 1847
J Deed, Benjamin P. and Hannah W. VanCourt to Isabella Hickox, 23 July 1849
K Deed to Ezra Oakley, 26 Aug. 1843
L Deed to Daniel Butler Jr., 28 Dec. 1843
M Deed to John Bowen, 7 June 1842
N Deed, Benjamin P. and Hannah W. VanCourt to Milton M. Morrill, 17 May 1849
O Deed, Milton M. Morrill to Maria Winter for the use of Casamire Winter, 5 Apr. 1850 (unlocated in Hancock County Records)
P Deed, Lewis C. Bidamon and Others to Maria Winter for the use of Casamire Winter, 8 Apr. 1850
Q Deed to James Ivins, 27 Apr. 1842
R Deed to Ebenezer Robinson, 26 Apr. 1842
S Deed to Alonzo LeBaron, 2 July 1842
T Deed, Alonzo and Clarissa Bostwick LeBaron to John Seller, 2 June 1846


  • 21 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 535–548, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
21 November 1850

Onias Skinner and Joseph Sibley on behalf of Gacque Martin, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed, Caleb J. and Catharine Thomas to Gacque Martin, 7 Nov. 1846
B Deed to Jacob Zundel, 2 Feb. 1842
C Deed, Jacob and Sarah Forstner Zundel to Caleb J. Thomas, 21 Apr. 1846
D Deed to Edward Hunter, 13 Sept. 1842
E Deed, Edward and Ann Standley Hunter to James E. Furness, 1 June 1846
F Deed, James E. and Elizabeth G. Furness to William Quarter, 5 July 1847
G Deed, University of St. Mary of the Lake to Gacque Martin, 2 Nov. 1849
H Deed to Cyril Call, 3 Jan. 1844
J Deed, Nathan Prentice and Others to Gacque Martin, 26 Jan. 1848
K Deed, Lewis C. and Emma Smith Bidamon to Gacque Martin, 25 Nov. 1848
L Deed, Hancock County Sheriff to Gacque Martin, 27 May 1850–A (unlocated in Hancock County Records)
M Deed, Hancock County Sheriff to Gacque Martin, 27 May 1850–B (unlocated in Hancock County Records)
N Deed, Hancock County Sheriff to Gacque Martin, 27 May 1850–C (unlocated in Hancock County Records)
O Deed, Hancock County Sheriff to Gacque Martin, 27 May 1850–D (unlocated in Hancock County Records)


  • 21 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 574–582, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
21–22 November 1850

Charles Wetzel and Others, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed to Albert Brown, 9 Nov. 1843
B Deed to Silas W. Condit, 1 Sept. 1843
C Deed, Lewis C. and Emma Smith Bidamon to Simon Grill, 25 Feb. 1849
E Deed to William McIntire, 25 Apr. 1843
F Deed, Lewis C. Bidamon and Others to Bernard Icking, 19 Nov. 1849
G Deed, Casimir Keller to Charles Wetzel, 29 Mar. 1849
H Deed, Lewis C. and Emma Smith Bidamon to Charles Wetzel, 24 Aug. 1849
J Deed, Lewis C. and Emma Smith Bidamon to Nathan Prentice and Daniel Elliott, 14 Jan. 1848
K Deed, Nathan Prentice and Daniel Elliott to Darwin Edmunds, 20 Jan. 1849
L Deed, Lewis C. and Emma Smith Bidamon to Richard M. Mills, 13 July 1849
M Deed, Darwin Edmunds and Richard M. Mills to Daniel Elliott, 2 Feb. 1850
N Deed to Joseph W. Coolidge, 30 Mar. 1843
O Deed, Darwin Edmunds to Laurenz Risse, 3 May 1849
P Deed, Darwin Edmunds to Samuel M. Chapman, 25 May 1849
Q Deed, Daniel and Harriet Elliott to Samuel M. Chapman, 25 May 1849
R Deed, Nathan and Elizabeth Prentice to Daniel Elliott, 12 May 1849


  • 21–22 Nov. 1850. Not extant.
  • 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, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
21–23 November 1850

Onias Skinner and Joseph Sibley on behalf of Daniel Brown and Others, Answer, Nauvoo, Hancock Co., IL, and Lee Co., Iowa Territory
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed, Emma Smith to Peter Poncin, 20 Aug. 1847
B Deed, Peter Poncin to Isaac Cary Jr., 14 Mar. 1848 (unlocated in Hancock County Records)
C Deed, Isaac Cary Jr. to Gottfried T. Schenk, 25 Sept. 1848
D Deed, Gottfried T. Schenk to Peter Reimbold, 5 May 1849
E Deed, Abram and Lydia Swartz to Joseph Weisbrod, 20 June 1849
F[a] Deed, Emma Smith to Mercy Fielding Thompson, 30 June 1846
F[b] Deed, Mercy Fielding Thompson to William Cooper Jr., 30 June 1846
G Deed, William Cooper Jr. and Almira Cooper to Lewis Telle, 11 May 1847
H Deed, Reuben H. Loomis to Lewis Telle, 15 Nov. 1847
I Deed, Lewis C. and Emma Smith Bidamon to Michael R. Casey, 19 June 1849
K Deed, Michael R. Casey to Daniel G. Luce, 25 Dec. 1849
L Deed to Joshua Smith, 11 May 1842
M Deed, Richard M. Mills to Silas G. Strong and Abner Powers, 9 Feb. 1850
N Deed to Jane Frelick Gully, 20 May 1844
O[a] Deed, John and Lucy A. Field to Daniel Brown, 9 July 1846
O[b] Deed, Lewis C. and Emma Smith Bidamon to Daniel Brown, 22 Nov. 1848
P Deed, Nathan Prentice and Others to Daniel Brown, 7 Feb. 1849
Q Deed, Joseph and Elizabeth Williams to John G. Kauffmann, 24 July 1848
R Deed to Elizabeth Buchanan Coolidge, 30 Mar. 1843


  • 21–23 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 548–561, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
22 November 1850

Calvin A. Warren on behalf of John Kelly, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that a copy of a 27 April 1842 deed from JS as trustee-in-trust for the church to James Ivins was included as exhibit A. The copy filed with the court has not been located. (Deed to James Ivins, 27 Apr. 1842.)


  • 22 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 603–609, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
23 November 1850

Onias Skinner and Joseph Sibley on behalf of Anna Maria Ritter and George Ritter, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed to James Sloan, 20 May 1843
B Deed, James and Mary Magill Sloan to William Brophy, 28 May 1846
C Deed, Lewis C. and Emma Smith Bidamon to George Ritter, 22 June 1849
D Deed, George Ritter to Martin Huber, 1 Apr. 1850
E Deed, Martin and Christiana Huber to Anna Maria Ritter, 1 Apr. 1850


  • 23 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 582–589, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
23 November 1850

Calvin A. Warren on behalf of Nathan Prentice, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that a copy of a 24 August 1843 deed from JS as trustee-in-trust for the church to James Brinkerhoff was included as exhibit A. The copy filed with the court has not been located. (Deed to James Brinkerhoff, 24 Aug. 1843.)


  • 23 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 589–593, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
23 November 1850

Calvin A. Warren on behalf of Luke P. Prentice, Answer, Nauvoo, Hancock Co., IL

  • 23 Nov. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 600–603, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

December (10)

Ca. 1 December 1850

Calvin A. Warren on behalf of David W. Vrooman, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A[a] Deed to William McIntire, 25 Apr. 1843
A[b] Deed, Hancock County Sheriff to David W. Vrowman, 20 Nov. 1850 (unlocated in Hancock County Records)


  • Ca. 1 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 593–597, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 1 December 1850

John Wolfe, Answer, Nauvoo, Hancock Co., IL
1

The answer indicates that a copy of a 20 May 1843 deed from JS as trustee-in-trust for the church to James Sloan was included as exhibit A. The copy filed with the court has not been located. (Deed to James Sloan, 20 May 1843.)


  • Ca. 1 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 597–600, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 1 December 1850

Amos Davis, Answer, Hancock Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

A Deed to Robert Burton, 5 Dec. 1843
B The answer describes exhibit B as certified copies of documents related to the 1 July 1845 sale of property by Joseph W. Coolidge as administrator of JS’s estate to Almon Babbitt. The exhibit included Coolidge’s nonextant petition to sell JS’s real estate. The exhibit may also have included copies of a report of sale from Coolidge, which has not been located, as well as a decree from the court confirming the reported sale. (Docket Entry, Report of Sale Confirmed, 22 Oct. 1846 [Coolidge Administrator of the Estate of JS v. Heirs of JS]; see also Docket Entry, Petition, 22 May 1845 [Coolidge Administrator of the Estate of JS v. Heirs of JS]; and Docket Entry, Report of Sale, 20 Oct. 1846 [Coolidge Administrator of the Estate of JS v. Heirs of JS].)
C Deed, Joseph W. Coolidge Administrator of the Estate of JS to Almon Babbitt, 21 June 1847


  • Ca. 1 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 610–618, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
2 December 1850

William Pope, Summons, to U.S. Marshal of the District of IL, for Luke Wood, Springfield, Sangamon Co., IL

  • 2 Dec. 1850. Not extant.
  • 5 Dec. 1850. Not extant.
    1

    United States marshal Benjamin Bond authorized Henry C. King to serve the writ. King left a copy of the summons at the residence of Luke Wood on 5 December 1850. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 622.)


  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 622, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 4 December 1850

George Edmunds Jr. on behalf of John M. Ferris, Answer, Nauvoo, Hancock Co., IL

  • Ca. 4 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 623–626, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
5 December 1850

Archibald Williams, Supplemental Bill in Chancery, Springfield, Sangamon Co., IL

  • 5 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 619–621, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
5 December 1850

Archibald Williams, Praecipe, to the Clerk of the United States Circuit Court for the District of Illinois, Springfield, Sangamon Co., IL

  • 5 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 621, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
5 December 1850

William Pope, Summons, to U.S. Marshal of the District of IL, for John J. Brent and Others, Springfield, Sangamon Co., IL

  • 5 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 622–623, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
16 December 1850

Browning & Bushnell on behalf of Joshua Ward, Answer, Quincy, Adams Co., IL
1

The answer indicates that copies of the following documents were included as exhibits. The copies filed with the court have not been located.

1 Deed, John and Sarah Kingsley Cleveland to Emma Smith, 29 Sept. 1841
2 Deed, JS and Emma Smith to JS as Trustee-in-Trust, 5 Oct. 1841
3 Deed, Newel K. Whitney and George Miller as Trustees to Emma Smith, 5 June 1845 (unlocated in Hancock County Records)
4 Deed, Emma Smith to Joshua Ward, 22 May 1846 (unlocated in Hancock County Records)


  • 16 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 626–637, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
28 December 1850

Robert S. Blackwell, Report, Springfield, Sangamon Co., IL

  • 28 Dec. 1850. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 638–648, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

1851 (58)

January (3)

Ca. 2 January 1851

Archibald Williams, Replications, Springfield, Sangamon Co., IL

  • Ca. 2 Jan. 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 649, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
6 January 1851

Decree, Springfield, Sangamon Co., IL

  • 6 Jan. 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 650–654, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
23 January 1851

Emma Smith Bidamon and Lewis C. Bidamon, Release of Dower, Nauvoo, Hancock Co., IL, to the United States

  • 23 Jan. 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 654–656, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

February (2)

25 February 1851

William Pope, Summons, to U.S. Marshal of the District of IL, for John J. Brent and Others, Springfield, Sangamon Co., IL

  • 25 Feb. 1851. Not extant.
  • 28 Feb. 1851. Not extant.
    1

    Deputy United States marshal I. VanBergen served a copy of the summons on Lucian Adams on 28 February 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    2

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on Leonard T. Ferris on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    3

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on James Ward on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    4

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on James McIlvaine on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    5

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on Matthew McClaughry on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    6

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on James Richardson on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    7

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on Isaac R. Welch on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    8

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on W. Ward on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    9

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson left a copy of the summons at the residence of Hickison Wright on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    10

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson left a copy of the summons at the residence of Fitzgerald Woolley on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 18 Mar. 1851. Not extant.
    11

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson left a copy of the summons at the residence of John Smith on 18 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 27 Mar. 1851. Not extant.
    12

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson served a copy of the summons on John J. Brent on 27 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 27 Mar. 1851. Not extant.
    13

    United States marshal Benjamin Bond authorized William A. Patterson to serve the writ. Patterson left a copy of the summons at the residence of Frederick R. Prentice on 27 March 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 8 Apr. 1851. Not extant.
    14

    United States marshal Benjamin Bond authorized Raenslaer Wells to serve the writ. Wells served a copy of the summons on Thomas Wilson on 8 April 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • 8 Apr. 1851. Not extant.
    15

    United States marshal Benjamin Bond authorized Raenslaer Wells to serve the writ. Wells served a copy of the summons on George Greer on 8 April 1851. (Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 657.)


  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 656–658, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
25 February 1851

Charles B. Lawrence, Notice, Illinois

  • 25 Feb. 1851; Quincy (IL) Whig. Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 669. The notice was published in four issues of the Quincy (IL) Whig from 25 February to 18 March 1851. The notice was also published in four consecutive issues of the Nauvoo, Illinois, Popular Tribune from 1 to 23 March 1851.


  • 1 Mar. 1851; Popular Tribune (Nauvoo, IL). Not extant.
    2

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 669. The notice was published in four issues of the Nauvoo, Illinois, Popular Tribune from 1 to 23 March 1851. The notice was also published in four consecutive issues of the Quincy (IL) Whig from 25 February to 18 March 1851.


  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 674–676, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
    3

    The notice as published in the Nauvoo, Illinois, Popular Tribune was attached to a certification from the newspaper’s publishers. The certification and notice were copied into Charles B. Lawrence’s ca. 13 July 1851 report, which was copied into the transcript of proceedings. (Report, ca. 13 July 1851 [United States v. Joseph Smith III et al.]; and Certification, between 23 Mar. and ca. 10 July 1851 [United States v. Joseph Smith III et al.].)


  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 677–679, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
    4

    The notice as published in the Quincy (IL) Whig was attached to a certification from the newspaper’s publishers. The certification and notice were copied into Charles B. Lawrence’s ca. 13 July 1851 report, which was copied into the transcript of proceedings. (Report, ca. 13 July 1851 [United States v. Joseph Smith III et al.]; and Certification, between 18 Mar. and ca. 10 July 1851 [United States v. Joseph Smith III et al.].)


April (23)

Ca. 8 April 1851

George Edmunds Jr. on behalf of Lewis C. Bidamon and Emma Smith Bidamon, Receipt, Nauvoo, Hancock Co., IL, to Charles B. Lawrence

  • Ca. 8 Apr. 1851. Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 673.


8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Silas G. Strong

  • 8 Apr. 1851. Not extant.
  • 16 Apr. 1851; Hancock Co., IL, Deed Records, vol. 31, pp. [21]–22, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Gustavus Lewengren

  • 8 Apr. 1851. Not extant.
  • 1 May 1851; Hancock Co., IL, Deed Records, vol. 31, pp. [121]–[123], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Mary Eagan

  • 8 Apr. 1851. Not extant.
  • 7 May 1851; Hancock Co., IL, Deed Records, vol. 31, pp. 140–142, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Nathan Prentice

  • 8 Apr. 1851. Not extant.
  • 7 May 1851; Hancock Co., IL, Deed Records, vol. 31, pp. 142–144, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to John C. McIntosh

  • 8 Apr. 1851. Not extant.
  • 13 June 1851; Hancock Co., IL, Deed Records, vol. 31, pp. 364–366, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 April 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to Bryant Gilbride

  • 8 Apr. 1851. Not extant.
  • 6 Oct. 1851; Hancock Co., IL, Deed Records, vol. 32, pp. [71]–[73], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting possibly of Robert Smith.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Charles Bohne

  • 8 Apr. 1851. Not extant.
  • 20 Dec. 1852; Hancock Co., IL, Deed Records, vol. 35, pp. 2–3, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Melancton S. Carey

  • 8 Apr. 1851. Not extant.
  • 26 Mar. 1853; Hancock Co., IL, Deed Records, vol. 35, pp. 317–319, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
8 April 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to Julia Ann Johnson Babbitt

  • 8 Apr. 1851; Nauvoo Restoration, Inc. Collection, 1818–2001, CHL; printed form with manuscript additions in handwriting of Charles B. Lawrence; certified by George Edmunds Jr.; notation in unidentified handwriting with signature of Chauncey Robison.
    1

    This version of the deed is likely the original, although it may be a copy that was provided to Babbitt.


  • 4 Oct. 1853; Hancock Co., IL, Deed Records, vol. 36, pp. 613–614, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Elizabeth Bixler

  • 8 Apr. 1851. Not extant.
  • 26 May 1854; Hancock Co., IL, Deed Records, vol. 37, pp. [498]–499, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of Richard W. Smith.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Christopher E. Yates

  • 8 Apr. 1851. Not extant.
  • 14 Sept. 1860; Hancock Co., IL, Deed Records, vol. 55, pp. 134–137, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting probably of A. J. Davis.
8 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Mary Walworth

  • 8 Apr. 1851. Not extant.
  • 8 Feb. 1870; Hancock Co., IL, Deed Records, vol. 84, pp. 139–142, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting probably of A. J. Davis.
8 April 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to William J. Turner

  • 8 Apr. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, pp. [261]–262, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
9 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to John Rice

  • 9 Apr. 1851. Not extant.
  • 5 June 1851; Hancock Co., IL, Deed Records, vol. 31, pp. 300–[301], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
9 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to United States, 9 Apr. 1851–A

  • 9 Apr. 1851. Not extant.
  • 2 Sept. 1851; Hancock Co., IL, Deed Records, vol. 31, pp. [587]–[589], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
9 April 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to United States, 9 Apr. 1851–B

  • 9 Apr. 1851. Not extant.
  • 2 Sept. 1851; Hancock Co., IL, Deed Records, vol. 31, pp. [589]–590, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
9 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to United States, 9 Apr. 1851–C

  • 9 Apr. 1851. Not extant.
  • 2 Sept. 1851; Hancock Co., IL, Deed Records, vol. 31, pp. [591]–592, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
9 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to United States, 9 Apr. 1851–D

  • 9 Apr. 1851. Not extant.
  • 2 Sept. 1851; Hancock Co., IL, Deed Records, vol. 31, pp. 592–594, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
9 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Lewis C. Bidamon, 9 Apr. 1851–A

  • 9 Apr. 1851. Not extant.
  • 10 Mar. 1856; Hancock Co., IL, Deed Records, vol. 43, pp. 383–384, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of Chauncey Robison.
9 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Lewis C. Bidamon, 9 Apr. 1851–B

  • 9 Apr. 1851. Not extant.
  • 10 Mar. 1856; Hancock Co., IL, Deed Records, vol. 43, pp. 384–386, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of Chauncey Robison.
10 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to George Schmidt

  • 10 Apr. 1851. Not extant.
  • 5 Mar. 1852; Hancock Co., IL, Deed Records, vol. 33, pp. 77–78, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
10 April 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Reuben Barton

  • 10 Apr. 1851. Not extant.
  • 11 June 1852; Hancock Co., IL, Deed Records, vol. 34, pp. [205]–206, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.

May (1)

4 May 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to George Edmunds Jr.

  • 4 May 1851. Not extant.
  • 25 May 1852; Hancock Co., IL, Deed Records, vol. 33, pp. 333–334, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.

July (10)

Ca. 8 July 1851

George Edmunds Jr. on behalf of Emma Smith Bidamon and Others, Answer, Nauvoo, Hancock Co., IL

  • Ca. 8 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 658, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 8 July 1851

George W. Meeker on behalf of Joseph Smith III and Others, Answer, Illinois

  • Ca. 8 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 658–659, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
9 July 1851

Decree, Springfield, Sangamon Co., IL

  • 9 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 659–660, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 10 July 1851

Charles B. Lawrence, Report, Illinois

  • Ca. 10 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 660–665, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Between 18 March and ca. 10 July 1851

S. M. Bartlett and Co., Certification, Quincy, Hancock Co., IL

  • Between 18 Mar. and ca. 10 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 676–677, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
    1

    The certification was copied into Charles B. Lawrence’s ca. 13 July 1851 report, which was copied into the transcript of proceedings. The certification included a copy of a notice published in the Quincy (IL) Whig. (Report, ca. 13 July 1851 [United States v. Joseph Smith III et al.]; and Notice, 25 Feb. 1851, as Published in Quincy Whig [United States v. Joseph Smith III et al.].)


Between 23 March and ca. 10 July 1851

A. Diquenard on behalf of E. Cabet and Co. Publishers, Certification, Nauvoo, Hancock Co., IL

  • Between 23 Mar. and ca. 10 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 674, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
    1

    The certification was copied into Charles B. Lawrence’s ca. 13 July 1851 report, which was copied into the transcript of proceedings. The certification included a copy of a notice published in the Nauvoo, Illinois, Popular Tribune. (Report, ca. 13 July 1851 [United States v. Joseph Smith III et al.]; and Notice, 25 Feb. 1851, as Published in Popular Tribune [United States v. Joseph Smith III et al.].)


Ca. 13 July 1851

Charles B. Lawrence, Report, Illinois

  • Ca. 13 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 669–674, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
    1

    The report included two exhibits: a certification from the publishers of the Nauvoo, Illinois, Popular Tribune, and a certification from the publishers of the Quincy (IL) Whig. Copies of notices published in each of these newspapers accompanied the certifications. (Certification, between 23 Mar. and ca. 10 July 1851 [United States v. Joseph Smith III et al.]; Certification, between 18 Mar. and ca. 10 July 1851 [United States v. Joseph Smith III et al.]; Notice, 25 Feb. 1851, as Published in Popular Tribune [United States v. Joseph Smith III et al.]; and Notice, 25 Feb. 1851, as Published in Quincy Whig [United States v. Joseph Smith III et al.].)


14 July 1851

Decree, Springfield, Sangamon Co., IL, 14 July 1851–A

  • 14 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 666–668, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
14 July 1851

Decree, Springfield, Sangamon Co., IL, 14 July 1851–B

  • 14 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 679, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
22 July 1851

Emma Smith Bidamon and Lewis C. Bidamon, Release of Dower, Nauvoo, Hancock Co., IL, to United States

  • 22 July 1851. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 679–681, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

September (1)

Ca. September 1851

Charles B. Lawrence, Notice, Illinois

  • Ca. Sept. 1851; Popular Tribune (Nauvoo, IL). Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 681.


October (1)

11 October 1851

Charles B. Lawrence, Notice, Illinois

  • 11 Oct. 1851; Warsaw (IL) Signal, 11 Oct. 1851, [3].
    1

    The notice was published in three additional issues of the Warsaw (IL) Signal. (“Special Commissioner’s Sale,” Warsaw (IL) Signal, 18 Oct. 1851, [3]; “Special Commissioner’s Sale,” Warsaw Signal, 25 Oct. 1851, [4]; “Special Commissioner’s Sale,” Warsaw Signal, 1 Nov. 1851, [4].)


    Comprehensive Works Cited

    Warsaw Signal. Warsaw, IL. 1841–1853.

November (16)

8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Matthew McClaughry

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, pp. 250–[251], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to James McIlvaine

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, pp. [251]–252, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to John W. S. White

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, pp. 252–[253], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Isaac R. Welch

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, p. [253], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Jesse W. Taylor

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, p. 254, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Fitzgerald Woolley

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, p. [255], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Nauvoo, Hancock Co., IL, to Phineas Kimball

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, p. 256, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to Erastus Rossiter

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, p. [257], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Benjamin Cox

  • 8 Nov. 1851. Not extant.
  • 8 Nov. 1851; Hancock Co., IL, Deed Records, vol. 32, p. 258, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Onias Skinner

  • 8 Nov. 1851. Not extant.
  • 2 Dec. 1851; Hancock Co., IL, Deed Records, vol. 32, pp. 324–[325], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of J. A. Winston.
8 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to James Richardson

  • 8 Nov. 1851. Not extant.
  • 4 Apr. 1853; Hancock Co., IL, Deed Records, vol. 36, pp. 117–118, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
9 November 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to United States

  • 9 Nov. 1851. Not extant.
  • 4 Mar. 1852; Hancock Co., IL, Deed Records, vol. 32, pp. [637]–638, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
10 November 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to United States, 10 Nov. 1851–A

  • 10 Nov. 1851. Not extant.
  • 4 Mar. 1852; Hancock Co., IL, Deed Records, vol. 32, pp. 636–[637], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
10 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to United States, 10 Nov. 1851–B

  • 10 Nov. 1851. Not extant.
  • 4 Mar. 1852; Hancock Co., IL, Deed Records, vol. 32, pp. 638–[639], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
10 November 1851

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to United States, 10 Nov. 1851–C

  • 10 Nov. 1851. Not extant.
  • 4 Mar. 1852; Hancock Co., IL, Deed Records, vol. 32, pp. 640–[641], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
10 November 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to United States, 10 Nov. 1851–D

  • 10 Nov. 1851. Not extant.
  • 4 Mar. 1852; Hancock Co., IL, Deed Records, vol. 32, pp. [641]–642, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.

December (1)

18 December 1851

Charles B. Lawrence, Deed for Property in Ramus, Hancock Co., IL, to Jabez A. Beebee

  • 18 Dec. 1851. Not extant.
  • 8 Jan. 1852; Hancock Co., IL, Deed Records, vol. 32, pp. 449–[449a], Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.

1852 (13)

January (3)

Ca. 12 January 1852

Charles B. Lawrence, Report, Illinois

  • Ca. 12 Jan. 1852. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 681–686, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Between 1 November 1851 and ca. 12 January 1852

Certification, Warsaw, Hancock Co., IL

  • Between 1 Nov. 1851 and ca. 12 Jan. 1852. Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 682.


13 January 1852

Decree, Springfield, Sangamon Co., IL

  • 13 Jan. 1852. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 686–692, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

February (1)

7 February 1852

Emma Smith Bidamon and Lewis C. Bidamon, Release of Dower, Nauvoo, Hancock Co., IL, to United States

  • 7 Feb. 1852. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 692–693, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.

March (1)

20 March 1852

Charles B. Lawrence, Notice, Illinois

  • 20 Mar. 1852; Warsaw (IL) Signal, 20 Mar. 1852, [3].
    1

    The notice was published in three additional issues of the Warsaw (IL) Signal. (“Special Commissioner’s Sale,” Warsaw (IL) Signal, 27 Mar. 1852, [3]; “Special Commissioner’s Sale,” Warsaw Signal, 3 Apr. 1852, [4]; “Special Commissioner’s Sale,” Warsaw Signal, 10 Apr. 1852, [4].)


    Comprehensive Works Cited

    Warsaw Signal. Warsaw, IL. 1841–1853.

May (4)

Ca. 3 May 1852

Emma Smith Bidamon and Lewis C. Bidamon, Receipt, Hancock Co., IL, to Charles B. Lawrence

  • Ca. 3 May 1852. Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 695.


3 May 1852

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to Emma Smith Bidamon

  • 3 May 1852. Not extant.
  • 10 Mar. 1856; Hancock Co., IL, Deed Records, vol. 43, p. 378, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; handwriting of unidentified scribe and Robert Smith.
4 May 1852

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to Wood, Abbott & Co.

  • 4 May 1852. Not extant.
  • 25 May 1852; Hancock Co., IL, Deed Records, vol. 33, pp. 337–338, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.
4 May 1852

Charles B. Lawrence, Deed for Property in Hancock Co., IL, to Thomas Wilson and George Greer

  • 4 May 1852. Not extant.
  • 10 July 1852; Hancock Co., IL, Deed Records, vol. 33, p. 414, Hancock County Recorder’s Office, Carthage, IL; microfilm at FHL; unidentified handwriting.

July (4)

Ca. 16 July 1852

Charles B. Lawrence, Report, Illinois

  • Ca. 16 July 1852. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 693–696, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
Ca. 16 July 1852

Archibald Williams, Receipt, Springfield, Sangamon Co., IL, to Charles B. Lawrence

  • Ca. 16 July 1852. Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 697.


17 July 1852

Decree, Springfield, Sangamon Co., IL

  • 17 July 1852. Not extant.
  • Ca. 17 July 1852; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 696–697, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
    1

    Although the decree is dated 17 July 1852, a portion of the text gives the date as 8 July 1852. The reason for this discrepancy is unclear, although it may have resulted from a scribal error when the decree was copied into the transcript of proceedings. Part of the decree was later published in a report from the United States House of Representatives Committee of Claims, and this report retained the 8 July 1852 date. (Committee of Claims Report, 22 Apr. 1856.)


Ca. 17 July 1852

Transcript of Proceedings, Springfield, Sangamon Co., IL

  • Ca. 17 July 1852; U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 486–697, Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago; handwriting of George W. Lowry.
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Ferris Administrator of the Estate of JS, Hancock Co., IL, Probate Court, 1848–1852

Editorial Title
Introduction to Ferris Administrator of the Estate of JS
ID #
20490
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      See Introduction to Coolidge Administrator of the Estate of JS.

    2. [2]

      During Joseph W. Coolidge’s administration of the JS estate, Babbitt filed a claim on behalf of the Lawrence children that was allowed by the court for $4,033.87. (Docket Entry, Allowed Claim from Almon Babbitt, 6 May 1845 [Coolidge Administrator of the Estate of JS]; Affidavit, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].)

    3. [3]

      See Introduction to Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS; George Miller and Newel K. Whitney, Certificate of Election, 24 Jan. 1846, Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 2, p. 144, microfilm 954,776, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    4. [4]

      Coolidge left the state of Illinois with the body of Latter-day Saints in 1846 and was residing in Council Bluffs, Pottawattamie Co., Iowa, at the time of Ferris’s appointment. When next of kin or creditors were unavailable or unwilling to administer an estate, the state could appoint a public administrator in each county. Ferris evidently was a public administrator for Hancock County. (See Introduction to Coolidge Administrator of the Estate of JS; Docket Entry, Administration Papers, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; and “Wills,” Revised Statutes of the State of Illinois, pp. 541, 547–548, secs. 21, 55–58.)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    5. [5]

      Oath, 8 Aug.1848 [Ferris Administrator of the Estate of JS]; Bond, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Letters of Administration, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].

    6. [6]

      “The Memoirs of President Joseph Smith,” Saints’ Herald, 29 Jan. 1935, 145.

      Saints’ Herald. Independence, MO. 1860–.

    7. [7]

      Emma Smith Bidamon, Nauvoo, IL, to Lewis Bidamon, [Sacramento, CA], 7 Jan. 1850, CCLA.

      Bidamon, Emma Smith. Materials, 1842–1871. CCLA.

    8. [8]

      Deed to Emma Smith and Others, 12 July 1843; Deed, Robert B. and Mercy Fielding Thompson to Joseph Smith III, 24 July 1841; Deed, Robert B. and Mercy Thompson to Frederick Smith, 24 July 1841; Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS].

    9. [9]

      The notice was apparently published in four consecutive issues of the Hancock Patriot newspaper between 12 August and 2 September 1848; however, these issues are apparently not extant. Ferris filed proof of the notice of publication on 17 April 1849. (See “Wills,” Revised Statutes of the State of Illinois, p. 558, sec. 103; Certification, ca. 2 Sept. 1848 [Ferris Administrator of the Estate of JS]; and Docket Entry, Notice of Publication, 17 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    10. [10]

      Edward Holbrook of the firm Holbrook & Ferme presented two 1 September 1837 notes for $269.81 and $287.05 that the court allowed for $875.14. Attorney Nehemiah Bushnell on behalf of the firm Halsted, Haines & Co. submitted two 1 September 1837 notes that the court allowed for $7,349.10. An 1839 judgment rendered in the Geauga County, Ohio, court of common pleas in favor of Halsted, Haines & Co. was allowed for $2,354.59. (See Introduction to Halsted, Haines & Co. v. O. Granger et al.; Introduction to United States v. Haws et al.; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–A; Promissory Note to Holbrook & Ferme, 1 Sept. 1837–C; Docket Entry, Allowed Claim from Edward Holbrook, 16 Sept. 1848 [Ferris Administrator of the Estate of JS]; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–B; Promissory Note to Halsted, Haines & Co., 1 Sept. 1837–C; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Sept. 1848 [Ferris Administrator of the Estate of JS]; Docket Entry, Allowed Claim from Halsted, Haines & Co., 16 Nov. 1848 [Ferris Administrator of the Estate of JS].)

    11. [11]

      See Introduction to United States v. Haws et al.

    12. [12]

      Docket Entry, Allowed Claim from the United States, 12 Dec. 1848 [Ferris Administrator of the Estate of JS].

    13. [13]

      Inventory, ca. 14 Jan. 1845 [Coolidge Administrator of the Estate of JS]; Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS]; see also Introduction to Joseph Smith’s Bankruptcy; and Historical Introduction to Schedule of Creditors, ca. 14–16 Apr. 1842.

    14. [14]

      Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS].

    15. [15]

      Edmunds served as master in chancery for the United States Circuit Court of the District of Illinois and solicitor for the Smith family and for Ferris in United States v. Joseph Smith III et al. (See “Wills,” Revised Statutes of the State of Illinois, pp. 560–562, secs. 114–115, 124; Docket Entry, Claim Withdrawn, 5 Feb. 1849 [Ferris Administrator of the Estate of JS]; Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS].)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    16. [16]

      “Wills,” Revised Statutes of the State of Illinois, p. 560, sec. 114.

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    17. [17]

      Notice, 6 Feb. 1849 [Ferris Administrator of the Estate of JS]; Docket Entry, Allowed Claims from Phineas Kimball, 3 Apr. 1849; Fee Bill, 3 Apr. 1489 [Coolidge Administrator of the Estate of JS, Assignee of Buckwalter v. William Law]; Fee Bill, 3 Apr. 1849 [Coolidge Administrator of the Estate of JS v. Heirs of JS]; see also Introduction to Coolidge Administrator of the Estate of JS.

    18. [18]

      Before submitting his claim against the estate, Green filed suit against Ferris in March 1849. The court ruled the case nonsuit. (Declaration, ca. 25 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS]; Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].)

    19. [19]

      In December 1850, Ferris stated the petition was “still pending undetermined” in the probate court. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 625, 673–674.)

    20. [20]

      Ferris later recalled that the total allowed claims against the estate amounted to about thirty thousand dollars. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 624.)

    21. [21]

      See Introduction to Coolidge Administrator of the Estate of JS; and Introduction to Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS. First-class claims encompassed all funeral and “last sickness” expenses, while second-class claims included estate administrator expenses and “the physician’s bill in the last illness of the deceased.” Third-class demands involved administrator or guardianship monies to be paid from the estate; fourth-class claims were all other debts “without regard to quality or dignity.” (“Wills,” Revised Statutes of the State of Illinois, pp. 561, 562, secs. 115, 122.

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    22. [22]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 673–674, 650–651; Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].

    23. [23]

      Affidavit, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 490.

    24. [24]

      The petition, which likely contained a list of properties described in the inventory, is apparently not extant. (Inventory, 26 Dec. 1848 [Ferris Administrator of the Estate of JS].)

    25. [25]

      State statute granted courts the right to appoint a guardian ad litem to represent infant defendants in matters in chancery. Sibley was a defendant in United States v. Joseph Smith III et al. (Docket Entry, Appointment of Guardian ad Litem, 19 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; “Chancery,” Revised Statutes of the State of Illinois, p. 93, sec. 4; p. 99, sec. 47.)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    26. [26]

      The amended petition is apparently not extant. (Docket Entry, Demurrer, 21 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Amended Petition, 24 Apr. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)

    27. [27]

      The amended bill of complaint is apparently not extant. (Docket Entry, Demurrer Sustained and Leave to Amend, 22 Sept. 1849 [Ferris Administrator of the Estate of JS v. Heirs of JS].)

    28. [28]

      Docket Entry, Demurrer, 19 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 26 Apr. 1850 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 13 Oct. 1851 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Docket Entry, Continuance, 12 Mar. 1852 [Ferris Adminisrator of the Estate of JS v. Heirs of JS].

    29. [29]

      Docket Entry, Dismissal, 12 June 1852 [Ferris Administrator of the Estate of JS v. Heirs of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)

    30. [30]

      Promissory Note to Robert D. Foster, 20 Mar. 1843; JS, Journal, 20 Mar. 1843.

    31. [31]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 490, 492, 515, 623–626.

    32. [32]

      Promissory Note to Robert D. Foster, 20 Mar. 1843; Declaration, ca. 25 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS].

    33. [33]

      Summons, 26 Mar. 1849 [Green v. Ferris Administrator of the Estate of JS].

    34. [34]

      Summons, 3 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].

    35. [35]

      Plea, ca. 16 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 490, 492, 515, 623–626.

    36. [36]

      “Wills,” Revised Statutes of the State of Illinois, p. 558, secs. 101–102; Plea, ca. 16 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Letters of Administration, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; Oath, 8 Aug. 1848 [Ferris Administrator of the Estate of JS]; and Bond, 8 Aug. 1848 [Ferris Administrator of the Estate of JS].

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    37. [37]

      Docket Entry, Dismissal, 17 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Demurrer, ca. 17 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].

    38. [38]

      Docket Entry, Demurrer, 18 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS]; Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].

    39. [39]

      Docket Entry, Demurrer Overruled and Nonsuit, 19 Apr. 1849 [Green v. Ferris Administrator of the Estate of JS].

    40. [40]

      Docket Entry, Allowed Claim from Ephraim S. Green, 1 Apr. 1850 [Ferris Administrator of the Estate of JS].

    41. [41]

      Promissory Note to Robert D. Foster, 20 Mar. 1843; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 653, 673–674.

    42. [42]

      Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Hiram Kimball for Phineas Kimball to Edmunds, Warren, and Skinner, Agreement, 26 Apr. 1849, Hiram Kimball, Collection, CHL.

      Kimball, Hiram. Collection, 1830–1910. CHL.

    43. [43]

      Promissory Note to Mead, Stafford & Co., 11 July 1837–A; Promissory Note to Mead, Stafford & Co., 11 July 1837–B; Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.] .

    44. [44]

      See Historical Introduction to Mortgage to Mead, Stafford & Co., 11 July 1837; Letter to Oliver Granger, 4 May 1841; Letter, Joseph Smith III to John H. Hansen, 19 May 1875; Letter, Joseph Smith III to Israel A. Smith, 31 Mar. 1910, Miscellaneous Letters and Papers, CCLA; and “The Memoirs of President Joseph Smith,” Saints’ Herald, 19 Mar. 1845, 368.

      Miscellaneous Letters and Papers, 1860–1968. CCLA.

      Saints’ Herald. Independence, MO. 1860–.

    45. [45]

      Promissory Note to Mead, Stafford & Co., 11 July 1837–B; Docket Entry, Allowed Claims, 14 Apr. 1845–19 Apr. 1849 [Coolidge Administrator of the Estate of JS and Ferris Administrator of the Estate of JS].

    46. [46]

      Probate courts by law could render judgments, issue executions, or give final process for any filed claims or suits brought against administrators. (“Wills,” Revised Statutes of the State of Illinois, p. 561, sec. 117.)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    47. [47]

      Hiram Kimball for Phineas Kimball to Edmunds, Warren, and Skinner, Agreement, 26 Apr. 1849, Hiram Kimball, Collection, CHL.

      Kimball, Hiram. Collection, 1830–1910. CHL.

    48. [48]

      See Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; Bond from Erie Rhodes, 16 Sept. 1841; Deed to Julia M. Smith and Others, 17 Mar. 1842; Deed to Emma Smith and Others, 12 July 1843.

    49. [49]

      For a description of the filed exhibits, see Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; and documents calendar for Kimball v. L. C. Bidamon et al.

    50. [50]

      Emma Bidamon, Elisha Dixon, Julia Dixon, Lorin Walker, and John M. Ferris were served by summons while Lewis Bidamon, Alanson Ripley, William Clayton, and Joseph W. Coolidge were served by publication. Although the printed notice has not been located, Kimball by his solicitor filed his notice of publication with the court on 17 September 1849. (Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.].)

    51. [51]

      Bill in Chancery, between 26 Apr. and ca. 31 May 1849 [Kimball v. L. C. Bidamon et al.]; “Wills,” Revised Statutes of the State of Illinois, p. 544, sec. 39.

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    52. [52]

      Docket Entry, Answer, 26 Apr. 1850 [Kimball v. L. C. Bidamon et al.]; see also Hancock Co., IL, Circuit Court, Chancery Court Records, 1838–1924, vol. D, p. 265, microfilm 955,134, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    53. [53]

      Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.].

    54. [54]

      Morrill became the official guardian of JS and Emma Smith’s sons on 5 August 1851. (Docket Entry, Failure to Answer and Appointment of Guardian ad Litem, 20 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Hancock Co., IL, Probate Journals, 1839–1923, Probate Journal, 1850–1855, vol. 3, p. 102, 5 Aug. 1851, microfilm 927,936, U.S. and Canada Record Collection, FHL; Hancock Co., IL, Probate Records, 1831–1912, Administrator, Executor, and Guardian Bonds, 1849–1865, vol. 1, pp. 60–61, microfilm 947,481, item 1, U.S. and Canada Record Collection, FHL.)

      U.S. and Canada Record Collection. FHL.

    55. [55]

      Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].

    56. [56]

      Docket Entry, Petition and Demurrer, 19 September 1850 [Kimball v. L. C. Bidamon et al.].

    57. [57]

      The properties submitted as exhibits in the Kimball case were some of those listed in Williams’s complaint for the United States’ case. Williams filed a release of the defense of the United States on 9 Mar. 1852. (Docket Entry, Motion, 24 Sept. 1850 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Withdrawal of Exhibits, 9 June 1851 [Kimball v. L. C. Bidamon et al.]; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 486–506; Docket Entry, Motion, 3 Mar. 1852 [Kimball v. L. C. Bidamon et al.].)

    58. [58]

      Gregg, History of Hancock County, Illinois, 240; Docket Entry, Continuance, 18 Oct. 1851 [Kimball v. L. C. Bidamon et al.]; Docket Entry, Motion, 3 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; see also Hancock Co., IL, Circuit Court, Chancery Court Records, 1838–1924, vol. D, p. 425, microfilm 955,134, U.S. and Canada Record Collection, FHL.

      Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

      U.S. and Canada Record Collection. FHL.

    59. [59]

      Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; see also Bond, Erie Rhodes to Robert D. Foster, 4 Mar. 1841; Deed, Robert B. and Mercy Thompson to Frederick Smith, 24 July 1841; Deed, Robert B. and Mercy Fielding Thompson to Joseph Smith III, 24 July 1841; Deed to Julia M. Smith and Others, 17 Mar. 1842; and Deed to Emma Smith and Others, 12 July 1843.

    60. [60]

      Illinois law granted courts the right to appoint a special commissioner when a decree made in a suit in equity directing the execution of a deed was not attended to within six months. (Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.]; “Chancery,” Revised Statutes of the State of Illinois, p. 98, sec. 43; Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    61. [61]

      Edmunds also served as solicitor for Emma Smith Bidamon and her children in United States v. Joseph Smith III et al. (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], p. 523.)

    62. [62]

      Docket Entry, Orders and Continuance, 12 Mar. 1852 [Kimball v. L. C. Bidamon et al.].

    63. [63]

      The public sale included properties correlating to withdrawn exhibits A, I, and M that formerly belonged to Erie Rhodes, Emma Smith, and the Smith children. (Deed, 5 June 1852 [Kimball v. L. C. Bidamon et al.]; Hugh Rhodes administrator of Erie Rhodes to William Clayton, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 83–85, microfilm 954,600, U.S. and Canada Record Collection, FHL; Deed to Julia M. Smith and Others, 17 March 1842; Deed to Emma Smith and Others, 12 July 1843).

      U.S. and Canada Record Collection. FHL.

    64. [64]

      Docket Entry, Report of Sale, Orders, and Dismissal, 12 June 1852 [Kimball v. L. C. Bidamon et al.].

    65. [65]

      The 1789 statute establishing the federal judiciary stated that all federal circuit courts operated as both courts of law and courts of equity or chancery and had original jurisdiction for all civil suits where the United States was plaintiff and the damages totaled $500 or more. The rules governing legal process for federal chancery cases at the time of this suit were established in March 1842 by the United States Supreme Court. (An Act to Establish the Judicial Courts of the United States [1789], Public Statutes at Large, 1st Cong., 1st Sess., chap. 20, pp. 78–79; “Rules of Practice in suits in Equity in the Circuit Courts,” in Howard, Reports of Cases Argued and Adjudged,, 1:xli–lxx.) The defendants in this case are named in Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.].

      The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

      Howard / Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 25 vols. Various publishers. 1843–1860.

    66. [66]

      Justin Butterfield, Williams’s predecessor as United States district attorney for the state of Illinois, had reviewed JS’s mid-April 1842 petition for bankruptcy and stated that JS’s sale of property to his wife and children after submitting his application for bankruptcy was a fraudulent conveyance. Williams likewise deemed these property conveyances questionable in his bill of complaint. (Introduction to Joseph Smith’s Bankruptcy.)

    67. [67]

      See John and Sarah Cleveland to Emma Smith, Deed, 29 Sept. 1841, Adams Co., IL, Deeds, 1825–1886, vol. R, pp. 419–420, microfilm 967,542, U.S. and Canada Record Collection, FHL; Deed to Julia M. Smith and Others, 17 Mar. 1842; Deed to Emma Smith and Others, 12 July 1843; Hugh White to Alanson Ripley, Bond, 30 Apr. 1839, Bonds and Mortgages, 1840–1848, vol. 1, pp. 31–32, microfilm 954,776; Hugh White to Robert B. Thompson, Deed, 14 July 1841, Hancock Co., IL, Deed Records, 1817–1917, vol. I, p. 358, microfilm 954,598; Robert B. Thompson to Emma Smith, Deed, 24 July 1841, Hancock Co., IL, Deed Records, vol. I, p. 354, microfilm 954,598, U.S. and Canada Record Collection, FHL; Deed, 1 July 1845 [Coolidge Administrator of the Estate of JS]; Deed, 4–5 July 1845 [Coolidge Administrator of the Estate of JS]; and Introduction to Clayton v. E. W. Rhodes et al.

      U.S. and Canada Record Collection. FHL.

    68. [68]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 487–505.

    69. [69]

      “U.S. District Judge for Illinois,” Illinois Daily Journal (Springfield, IL), 7 Feb. 1850, [2].

      Illinois Daily Journal. Springfield, IL. 1848–1855.

    70. [70]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 509–523.

    71. [71]

      According to Illinois statute, claims were to be paid in the order of their assigned classes. Ferris’s executor claims, which were class two and three, superseded the class-four claim of the United States. (“Wills,” Revised Statutes of the State of Illinois, p. 561, sec. 116.)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

    72. [72]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 625–626.

    73. [73]

      The rules governing federal chancery court procedures required courts to appoint either a standing master in chancery for the court or special masters for specific cases. These masters were ordered by the court to review estate accounts to determine what debts remained outstanding and what property was available. They had the power to review evidence, conduct hearings, and interview witnesses as part of their investigations. (“Rules of Practice,” in Howard, Reports of Cases Argued and Adjudged,, 1:lxiv–lxviii.)

      Howard / Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 25 vols. Various publishers. 1843–1860.

    74. [74]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 638–648; see also Introduction to Clayton v. E. W. Rhodes et al.; and Deed, JS and Emma Smith to JS as Trustee-in-Trust, 5 Oct. 1841.

    75. [75]

      Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 650–654.

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      See Deed from Stephen and Hannah Hogaboom Markham, 15 Mar. 1842; Deed from Knowlton Hanks, 24 Sept. 1842; Deed from Joshua Moore, 24 July 1843; Deed from Isaac and Lucy Gunn Morley, 27 July 1843; Deed from James and Harriet Denton Adams, 29 May 1843; and Deed from William A. and Dolly Eaton Wightman, 8 Dec. 1841.

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      Williams apparently ignored Illinois law in force during JS’s lifetime that allowed for church trustees to hold up to forty-five acres of property as well as an 1845 state law that specifically granted ex post facto legal status to all of JS’s transactions as trustee that were “made for a valuable consideration in good faith and without fraud.” (Transcript of Proceedings, between Apr. 1856 and 1858 [United States v. Joseph Smith III et al.], pp. 619–622; “Corporations” [3 Mar. 1845], Revised Statutes of the State of Illinois, p. 120, sec. 44; An Act to Amend “An Act in relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149; An Act to Legalize the Sale of Property made by Joseph Smith [28 Feb. 1845], Laws of the State of Illinois [1844–1845], p. 134.)

      Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

      Laws of the State of Illinois, Passed by the Eleventh General Assembly at Their Session Began and Held at Vandalia, on the Third of December, One Thousand Eight Hundred and Thirty-Eight. Vandalia, IL: William Walters, 1839.

      Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.

      Laws of the State of Illinois, Passed by the Fourteenth General Assembly, at Their Regular Session, Began and Held at Springfield, December 2nd, 1844. Springfield, IL: Walters and Weber, 1845.

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      “Court Calendar,” Daily Illinois State Journal, 28 Aug. 1855, [2]; An Act to Change the Times of Holding the United States Courts in the Southern District of Illinois [23 Apr. 1856], Statutes at Large and Treaties of the United States of America, chap. 18, p. 4, sec. 2; U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, p. 718, Records of District Courts of the United States, Record Group 21, National Archives at Chicago.

      Daily Illinois State Journal. Springfield, IL. 1855–1859.

      The Statutes at Large and Treaties of the United States of America. From December 3, 1855, to March 3, 1859. . . . Edited by George Minot and George P. Sanger. Vol. 11. Boston: Little, Brown, 1859.

      Records of District Courts of the United States, Record Group 21, National Archives at Chicago

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