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Introduction to Illinois Land Transactions

Page

During the 1830s,
bishops

An ecclesiastical and priesthood office. JS appointed Edward Partridge as the first bishop in February 1831. Following this appointment, Partridge functioned as the local leader of the church in Missouri. Later revelations described a bishop’s duties as receiving...

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and other church leaders, including JS, often purchased and owned church property in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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and
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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. In the 1840s, JS took on a significantly greater role in managing and selling church property than he had previously. This new responsibility is reflected in the corpus of JS’s documents in the early 1840s, as buying and selling land took up a considerable amount of his time and attention. Between 1839 and 1844, JS was a party to over eight hundred deeds, bonds, promissory notes, and other financial instruments connected to land sales in
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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.
In winter 1838–1839, the Latter-day Saints were forced to leave
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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and found refuge in nearby
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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and
Iowa Territory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

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. In April 1839, church leaders took steps to purchase land for the Saints around
Commerce

Located near middle of western boundary of state, bordering Mississippi River. European Americans settled area, 1820s. From bank of river, several feet above high-water mark, ground described as nearly level for six or seven blocks before gradually sloping...

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, Illinois.
1

See Introduction to Part 4: 24 Apr.–12 Aug. 1839; and “Extract, from the Private Journal of Joseph Smith Jr.,” July 1839.


The earliest transactions for land in Illinois occurred on 30 April 1839 and were conducted by designated agents for the church,
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
George W. Robinson

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

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, who arranged to purchase land 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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and land speculator
Isaac Galland

15 May 1791–27 Sept. 1858. Merchant, postmaster, land speculator, doctor. Born at Somerset Co., Pennsylvania. Son of Matthew Galland and Hannah Fenno. Married first Nancy Harris, 22 Mar. 1811, in Madison Co., Ohio. Married second Margaret Knight, by 1816....

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.
2

Historical Introduction to Agreement with George W. Robinson, 30 Apr. 1839; Bond, Hugh White to Alanson Ripley, 30 Apr. 1839.


Months later, in August, the church’s
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

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, composed of JS,
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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, and
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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, transacted more land purchases. The First Presidency reached agreements with land speculator
Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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and his partners to purchase nearly five hundred acres in and around Commerce, where the Saints would build the city of
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....

More Info
.
3

The First Presidency signed two bonds to purchase land from Hotchkiss on 12 August 1839. The first was for approximately four hundred acres purchased from Hotchkiss and his partners Smith Tuttle and John Gillet. The second was a contract for eighty-nine and a half acres owned by William White, which Hotchkiss had claim to purchase. (See Historical Introduction to Bond from Horace Hotchkiss, 12 Aug. 1839–A; and Historical Introduction to Bond from Horace Hotchkiss, 12 Aug. 1839–B.)


In 1839 and 1840 after the church had arranged to purchase these lands, church leaders began offering the land to the Saints for them to purchase. Several members did so, often paying for the land on credit with promissory notes.
4

For examples of these payments made on credit, see Trustee Land Book A, [90]–[97], [106]–[107].


In January 1841, the church took steps to become incorporated in
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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, and JS was elected trustee-in-trust for the church.
5

See Historical Introduction to Bill to Incorporate the Church, 14 Dec. 1840; see also Introduction to the Trustee Records.


As trustee, JS became responsible for the church’s finances, and the land purchased by the church in 1839 was a significant part of the church’s debts and assets. JS centralized church lands in 1841, transferring lands purchased by agents or the
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

View Glossary
to himself as trustee to hold on behalf of the church.
6

See, for example, Historical Introduction to Bond from First Presidency, 4 Jan. 1842.


JS also became responsible for selling land. Clerks working in the trustee’s office helped JS create and maintain the necessary records to track land purchases.
7

Introduction to the Trustee Records.


Robert B. Thompson

1 Oct. 1811–27 Aug. 1841. Clerk, editor. Born in Great Driffield, Yorkshire, England. Methodist. Immigrated to Upper Canada, 1834. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, May 1836, in Upper Canada. Ordained an elder by...

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was the first clerk to serve in this capacity, drafting deeds and recording land sales.
8

See Trustees Land Book A.


Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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acted as an agent for JS and the church, overseeing land sales 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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as well as other financial matters.
9

See Historical Introduction to Henry G. Sherwood, Account Book, November 1839–June 1844, November 1844.


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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further professionalized the trustee’s land office and worked to organize the record keeping.
10

Clayton began working on land records for JS in 1842. (See Historical Introduction to Trustees Land Book B.)


In August 1839, when the
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

View Glossary
reached their agreement with
Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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, they did not have $110,000 to pay for the four hundred acres of land they had contracted to purchase. Instead, they created a payment schedule, signing forty-two promissory notes consisting of two annual installments of $1,500 each, one paid to Hotchkiss and one paid to his partners
Smith Tuttle

12 Mar. 1795–7 Mar. 1865. Shipping merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Christopher Tuttle and Abigail Luddington. Moved to Wallingford, New Haven Co., by 1810. Married first Rachel Gillett. Married second Amarilla...

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and
John Gillet

2 Aug. 1796–17 July 1848. Likely born in Connecticut. Son of Benoni Gillett and Phoebe Dean. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, by May 1837. In Aug. 1839, with land-speculating partners Horace Hotchkiss and Smith Tuttle, sold land in...

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, for the next twenty years and two final notes to each party for $25,000 due in 1859.
11

Historical Introduction to Bond from Horace Hotchkiss, 12 Aug. 1839–A.


This meant that in the 1840s, the church was still indebted for the land church leaders had contracted to purchase and to which the church did not yet have title. Initially, when Saints and other interested parties came to JS to purchase land, they did not get a warranty deed or title to the land. In place of a deed, the trustee’s office provided purchasers with a bond for the land, promising a warranty deed once they held title and the purchaser had made the agreed-upon payments. Many Saints opted to pay the amount they owed for land on credit through a series of payments to the trustee; they therefore signed promissory notes for their payments in conjunction with their bond.
12

See, for example, Bond to Randolph Alexander, 29 Apr. 1842; Promissory Note from Randolph Alexander, 29 Apr. 1842–A; Promissory Note from Randolph Alexander, 29 Apr. 1842–B; Promissory Note from Randolph Alexander, 29 Apr. 1842–C; and Promissory Note from Randolph Alexander, 29 Apr. 1842–D.


In some instances, not all of these documents have survived and only a bond or one or more of the promissory notes accompanying the purchase is extant. Further documentation for lots purchased 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....

More Info
was created by
Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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. In his capacity as an agent for the church, Sherwood created documents called “Town Lot Orders,” which reserved a specific lot or lots for an individual or family. These documents were made in conjunction with land purchases from the church’s trustee.
13

Nauvoo High Council Minutes, fair copy, 21 Oct. 1839, 26; Sherwood Account Book.


Comprehensive Works Cited

Nauvoo High Council Minutes, fair copy / Nauvoo High Council Minutes, Oct. 1839–Dec. 1840. In Oliver Cowdery Diary, Jan.–Mar. 1836. CHL. MS 3429.

While some of the Latter-day Saints who purchased land from JS as trustee in the early 1840s were able to make their payments and purchase the land, many were not. These Saints purchased their land on credit, opting for installment payments that extended their payments significantly into the future, sometimes by five or ten years and often without any initial payment.
14

See, for example, Trustees Land Book A, [106]–[107], [122]–[125].


Furthermore, the church faced the economic demands of caring for poor members, including by providing them with homes and land. In a report on land sales,
Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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estimated that around $40,000 worth of land had been given to widows and other impoverished members of the church who he noted “will not be able to pay.”
15

Trustees Land Book A, [44].


A report prepared by agents of the church in 1841 showed the amount of land given to the poor had increased to $45,000.
16

Report of Agents, ca. 30 Jan. 1841.


Because church members were often unable to pay for the land they received, church leaders had difficulty making their promised payments to
Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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,
Galland

15 May 1791–27 Sept. 1858. Merchant, postmaster, land speculator, doctor. Born at Somerset Co., Pennsylvania. Son of Matthew Galland and Hannah Fenno. Married first Nancy Harris, 22 Mar. 1811, in Madison Co., Ohio. Married second Margaret Knight, by 1816....

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, and others. JS occasionally expressed some frustration in his sermons and other public discourses 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....

More Info
, as he encouraged members of the church to purchase land from him as trustee rather than from other land owners.
17

See JS, Journal, 24 Apr. 1842; 11 Feb. 1843; and 21 Feb. 1843.


When land was purchased from JS and the church, he could use that money to repay the church’s debts on the land. When members purchased land from other landholders, it kept needed funds from church leaders.
JS and church leaders focused their initial community-building efforts on
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....

More Info
, which quickly grew into a sizable city. But JS had ambitions to expand further and to establish additional settlements for the Saints throughout
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
. Although he had already taken steps to build communities outside Nauvoo,
18

See, for example, Historical Introduction to Power of Attorney to Amasa Lyman, 28 Feb. 1843.


he articulated this desire in a March 1843 discourse, describing Nauvoo as the hub of a wheel and other communities, like the Illinois towns of
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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,
La Harpe

Located about twenty-five miles east of Nauvoo. Settled 1830. Originally called Franklin. Developed, platted, and renamed La Harpe, by 1836. Immigration and missionary work led to creation of branch of Church of Jesus Christ of Latter-day Saints in area, ...

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, and
Lima

Area settled, 1828. Platted 1833. Post office established, 1836. Many Latter-day Saints settled in area, 1839, after expulsion from Missouri. Considered important settlement by Latter-day Saint leaders. Lima stake organized, 22 Oct. 1840. Stake reduced to...

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, as spokes that would provide opportunities to advance missionary work and extend the influence of the church.
19

JS, Journal, 4 Mar. 1843.


Because of JS’s interest in establishing more Latter-day Saint communities, land speculators sought him out and attempted to sell him land, sometimes in areas unfamiliar to him.
20

See Agreement with Mark Aldrich and Others, 16 Aug. 1841; Historical Introduction to Letter from Aldrich & Chittenden, 28 July 1842; and Letter from Clark Leal, 19 May 1842.


In some instances, the land turned out to be undesirable or, in the case of
Shokokon

Located on east bank of Mississippi River, about twenty-five miles upriver from Nauvoo. Laid out by Robert McQueen and Charles A. Smith, 1836. Location for landing rafts of lumber cut in Wisconsin Territory forests. Population never exceeded 300. JS visited...

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, Illinois, ultimately uninhabitable.
21

Amasa Lyman and many of the other Saints who were sent to settle Shokokon became extremely ill due to the swampy nature of the land. (See Historical Introduction to Power of Attorney to Amasa Lyman, 28 Feb. 1843; and Historical Introduction to Deed from Robert and Mary Crane McQueen, 20 Feb. 1843.)


JS also purchased numerous tracts of land throughout
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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on behalf of the church, and the land was then subdivided and sold as farms for church members. Church members also regularly transferred land to JS as tithing or donations to the church. These deeds often designated that the land was given or transferred to JS as trustee-in-trust and used legal language to denote that the land was a gift made “for and in consideration of the love and good will they bear to the Church of Jesus Christ of Latter Day Saints” and “for the sum of one dollar.”
22

See, for example, Deed from Orson and Marinda Nancy Johnson Hyde, 10 Feb. 1843.


Many of the land transactions documented here relate to JS’s position as trustee for the church, selling land to Saints and other interested parties. However, JS also purchased land in and around
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....

More Info
for his family and businesses. JS owned several lots in Nauvoo as well as a farm located about a mile east of the city. In some transactions, land was deeded 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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or the Smith children rather than directly to JS. JS also deeded land to his children possibly in an effort to provide an inheritance for them. However, under the legal principle of coverture, lands deeded to JS’s wife or children would still legally belong to JS.
23

For more information on JS deeding property to his wife Emma, see Historical Introduction to Deed, Samuel and Sabrina Davenport Canfield, to Emma Smith, 1 Oct. 1836.


Despite JS’s attempts to separate personal and church assets, these divisions were not always clear, and after JS’s death in June 1844, disputes over the ownership of some of the properties JS held as trustee led to a significant falling-out between Emma Smith and church leaders.
24

Introduction to Emma Smith Administratrix of the Estate of JS.


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Introduction to Illinois Land Transactions
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    Footnotes

    1. [1]

      See Introduction to Part 4: 24 Apr.–12 Aug. 1839; and “Extract, from the Private Journal of Joseph Smith Jr.,” July 1839.

    2. [2]

      Historical Introduction to Agreement with George W. Robinson, 30 Apr. 1839; Bond, Hugh White to Alanson Ripley, 30 Apr. 1839.

    3. [3]

      The First Presidency signed two bonds to purchase land from Hotchkiss on 12 August 1839. The first was for approximately four hundred acres purchased from Hotchkiss and his partners Smith Tuttle and John Gillet. The second was a contract for eighty-nine and a half acres owned by William White, which Hotchkiss had claim to purchase. (See Historical Introduction to Bond from Horace Hotchkiss, 12 Aug. 1839–A; and Historical Introduction to Bond from Horace Hotchkiss, 12 Aug. 1839–B.)

    4. [4]

      For examples of these payments made on credit, see Trustee Land Book A, [90]–[97], [106]–[107].

    5. [5]

      See Historical Introduction to Bill to Incorporate the Church, 14 Dec. 1840; see also Introduction to the Trustee Records.

    6. [6]

      See, for example, Historical Introduction to Bond from First Presidency, 4 Jan. 1842.

    7. [7]

      Introduction to the Trustee Records.

    8. [8]

      See Trustees Land Book A.

    9. [9]

      See Historical Introduction to Henry G. Sherwood, Account Book, November 1839–June 1844, November 1844.

    10. [10]

      Clayton began working on land records for JS in 1842. (See Historical Introduction to Trustees Land Book B.)

    11. [11]

      Historical Introduction to Bond from Horace Hotchkiss, 12 Aug. 1839–A.

    12. [12]

      See, for example, Bond to Randolph Alexander, 29 Apr. 1842; Promissory Note from Randolph Alexander, 29 Apr. 1842–A; Promissory Note from Randolph Alexander, 29 Apr. 1842–B; Promissory Note from Randolph Alexander, 29 Apr. 1842–C; and Promissory Note from Randolph Alexander, 29 Apr. 1842–D.

    13. [13]

      Nauvoo High Council Minutes, fair copy, 21 Oct. 1839, 26; Sherwood Account Book.

      Nauvoo High Council Minutes, fair copy / Nauvoo High Council Minutes, Oct. 1839–Dec. 1840. In Oliver Cowdery Diary, Jan.–Mar. 1836. CHL. MS 3429.

    14. [14]

      See, for example, Trustees Land Book A, [106]–[107], [122]–[125].

    15. [15]

      Trustees Land Book A, [44].

    16. [16]

      Report of Agents, ca. 30 Jan. 1841.

    17. [17]

      See JS, Journal, 24 Apr. 1842; 11 Feb. 1843; and 21 Feb. 1843.

    18. [18]

      See, for example, Historical Introduction to Power of Attorney to Amasa Lyman, 28 Feb. 1843.

    19. [19]

      JS, Journal, 4 Mar. 1843.

    20. [20]

      See Agreement with Mark Aldrich and Others, 16 Aug. 1841; Historical Introduction to Letter from Aldrich & Chittenden, 28 July 1842; and Letter from Clark Leal, 19 May 1842.

    21. [21]

      Amasa Lyman and many of the other Saints who were sent to settle Shokokon became extremely ill due to the swampy nature of the land. (See Historical Introduction to Power of Attorney to Amasa Lyman, 28 Feb. 1843; and Historical Introduction to Deed from Robert and Mary Crane McQueen, 20 Feb. 1843.)

    22. [22]

      See, for example, Deed from Orson and Marinda Nancy Johnson Hyde, 10 Feb. 1843.

    23. [23]

      For more information on JS deeding property to his wife Emma, see Historical Introduction to Deed, Samuel and Sabrina Davenport Canfield, to Emma Smith, 1 Oct. 1836.

    24. [24]

      Introduction to Emma Smith Administratrix of the Estate of JS.

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