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Introduction to Ferris Administrator of the Estate of JS Bill in Chancery, circa 18 August 1850 [United States v. Joseph Smith III et al.] Praecipe, circa 18 August 1850 [United States v. Joseph Smith III et al.] Summons, 22 August 1850 [United States v. Joseph Smith III et al.] John Wolfe, Answer, circa 17 October 1850 [United States v. Joseph Smith III et al.] Luke P. Prentice, Answer, circa 17 October 1850 [United States v. Joseph Smith III et al.] David W. Vrooman, Answer, circa 17 October 1850 [United States v. Joseph Smith III et al.] Nathan Prentice, Answer, circa 17 October 1850 [United States v. Joseph Smith III et al.] Emma Smith Bidamon and Others, Answer, 14 November 1850 [United States v. Joseph Smith III et al.] Isaac S. Sanders and Others, Answer, 21 November 1850 [United States v. Joseph Smith III et al.] John Winter and Others, Answer, 21 November 1850 [United States v. Joseph Smith III et al.] Gacque Martin, Answer, 21 November 1850 [United States v. Joseph Smith III et al.] Charles Wetzel and Others, Answer, 21–22 November 1850 [United States v. Joseph Smith III et al.] Daniel Brown and Others, Answer, 21–23 November 1850 [United States v. Joseph Smith III et al.] John Kelly, Answer, 22 November 1850 [United States v. Joseph Smith III et al.] Anna Maria Ritter and George Ritter, Answer, 23 November 1850 [United States v. Joseph Smith III et al.] Nathan Prentice, Answer, 23 November 1850 [United States v. Joseph Smith III et al.] Luke P. Prentice, Answer, 23 November 1850 [United States v. Joseph Smith III et al.] David W. Vrooman, Answer, circa 1 December 1850 [United States v. Joseph Smith III et al.] John Wolfe, Answer, circa 1 December 1850 [United States v. Joseph Smith III et al.] Amos Davis, Answer, circa 1 December 1850 [United States v. Joseph Smith III et al.] Summons, 2 December 1850 [United States v. Joseph Smith III et al.] John M. Ferris, Answer, circa 4 December 1850 [United States v. Joseph Smith III et al.] Supplemental Bill in Chancery, 5 December 1850 [United States v. Joseph Smith III et al.] Praecipe, 5 December 1850 [United States v. Joseph Smith III et al.] Summons, 5 December 1850 [United States v. Joseph Smith III et al.] Joshua Ward, Answer, 16 December 1850 [United States v. Joseph Smith III et al.] Report, 28 December 1850 [United States v. Joseph Smith III et al.] Replications, circa 2 January 1851 [United States v. Joseph Smith III et al.] Decree, 6 January 1851 [United States v. Joseph Smith III et al.] Release of Dower, 23 January 1851 [United States v. Joseph Smith III et al.] Summons, 25 February 1851 [United States v. Joseph Smith III et al.] Notice, 25 February 1851, as Published in Popular Tribune [United States v. Joseph Smith III et al.] Notice, 25 February 1851, as Published in Quincy Whig [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Silas G. Strong, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Gustavus Lewengren, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Mary Eagan, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Nathan Prentice, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to John C. McIntosh, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Bryant Gilbride, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Charles Bohne, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Melancton S. Carey, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Julia Ann Johnson Babbitt, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Julia Ann Johnson Babbitt, 8 April 1851, as Recorded in Hancock County Deeds [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Elizabeth Bixler, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Christopher E. Yates, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Mary Walworth, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to William J. Turner, 8 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to John Rice, 9 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 9 April 1851–A [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 9 April 1851–B [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 9 April 1851–C [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 9 April 1851–D [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Lewis C. Bidamon, 9 April 1851–A [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Lewis C. Bidamon, 9 April 1851–B [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to George Schmidt, 10 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Reuben Barton, 10 April 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to George Edmunds Jr., 4 May 1851 [United States v. Joseph Smith III et al.] Emma Smith Bidamon and Others, Answer, circa 8 July 1851 [United States v. Joseph Smith III et al.] Joseph Smith III and Others, Answer, circa 8 July 1851 [United States v. Joseph Smith III et al.] Decree, 9 July 1851 [United States v. Joseph Smith III et al.] Report, circa 10 July 1851 [United States v. Joseph Smith III et al.] Certification, between 18 March and circa 10 July 1851 [United States v. Joseph Smith III et al.] Certification, between 23 March and circa 10 July 1851 [United States v. Joseph Smith III et al.] Report, circa 13 July 1851 [United States v. Joseph Smith III et al.] Decree, 14 July 1851–A [United States v. Joseph Smith III et al.] Decree, 14 July 1851–B [United States v. Joseph Smith III et al.] Release of Dower, 22 July 1851 [United States v. Joseph Smith III et al.] Notice, 11 October 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Matthew McClaughry, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to James McIlvaine, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to John W. S. White, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Isaac R. Welch, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Jesse W. Taylor, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Fitzgerald Woolley, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Phineas Kimball, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Erastus Rossiter, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Benjamin Cox, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Onias Skinner, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to James Richardson, 8 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 9 November 1851 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 10 November 1851–A [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 10 November 1851–B [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 10 November 1851–C [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to United States, 10 November 1851–D [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Jabez A. Beebee, 18 December 1851 [United States v. Joseph Smith III et al.] Report, circa 12 January 1852 [United States v. Joseph Smith III et al.] Decree, 13 January 1852 [United States v. Joseph Smith III et al.] Release of Dower, 7 February 1852 [United States v. Joseph Smith III et al.] Notice, 20 March 1852 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Emma Smith Bidamon, 3 May 1852 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Wood, Abbott & Co., 4 May 1852 [United States v. Joseph Smith III et al.] Deed, Charles B. Lawrence to Thomas Wilson and George Greer, 4 May 1852 [United States v. Joseph Smith III et al.] Report, circa 16 July 1852 [United States v. Joseph Smith III et al.] Decree, 17 July 1852 [United States v. Joseph Smith III et al.] Transcript of Proceedings, circa 17 July 1852 [United States v. Joseph Smith III et al.]

John Kelly, Answer, 22 November 1850 [United States v. Joseph Smith III et al.]

Source Note

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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on behalf of
John Kelly

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, Answer,
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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, Hancock Co., IL, 22 Nov. 1850, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852). Copied [ca. 17 July 1852] in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 603–609; handwriting of
George W. Lowry

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; Records of District Courts of the United States, Record Group 21, National Archives at Chicago, Chicago. Includes seals.

Historical Introduction

See Introduction to Ferris Administrator of the Estate of JS.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. John Kelly, Answer, 22 November 1850 [ United States v. Joseph Smith III et al. ] Transcript of Proceedings, circa 17 July 1852 [ United States v. Joseph Smith III et al. ]

Page 607

in the 27th. day of August A. D. 1847 a certified copy of which is herewith filed marked “A” and made a part of this answer, which deed was made as aforesaid for the good and valuable consideration of over one thousand dollars then paid by the said
James Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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to the said Joseph Smith deceased, that said purchase by said
Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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and conveyed by said Smith deceased, was prior to the renedition of the Judgement in said bill mentioned in good faith for the valuable consideration aforesaid and not for the purpose of hindering, delaying or defrauding the creditors of Joseph Smith deceased as in said bill alledged.
Respondant further says that after the purchase aforesaid by said
Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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, said
Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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in good faith made permanent and valuable improvements in said premises to value of over $5000 and afterwards conveyed the South half of said Lot in good faith and for a valuable consideration on or about the 3d day of May 1845 to
Elias Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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in this answer before mentioned a delivered possession thereof to said
Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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and that part of said premises first above herein described respondant claims to own in fee by the tenor herein before stated and set forth derived through said
Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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and
Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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as herein before stated;—
That said
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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owns the fee simple title to the balance of said lot 4 on Block 117 as respondant is informed and believes devised to him in manner herein before stated and set forth through said Joseph Smith deceased
Ivins

22 Mar. 1797–3 Apr. 1877. Farmer. Born in Upper Freehold Township, Monmouth Co., New Jersey. Son of Israel Ivins and Margaret Woodward. Married Mary Schenk. Presumably baptized into Church of Jesus Christ of Latter-day Saints. Moved to Nauvoo, Hancock Co....

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Elias Smith

6 Sept. 1804–24 June 1888. Teacher, printer, postmaster, bookkeeper, probate judge, newspaper editor. Born in Royalton, Windsor Co., Vermont. Son of Asahel Smith and Elizabeth Schellenger. Moved to Stockholm, St. Lawrence Co., New York, 1809. Baptized into...

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and
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 that respondant has a lien upon the same under said judgement, executions, sales and certificates of purchase as aforesaid.
Respondant asserts that in the year of 1848 said lot 4 in Block 117 was sold for the taxes of 1846 and 1847 to said
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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as respondant is informed and believes and that part of said lot first herein above described was assigned to <​respondant​> by said
Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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respondant upon the back of said certificate of purchase, that said sale and purchase was made in good faith and not to hinder, delay or defraud the creditors of the said Smith deceased, that respondant knows nothing farther relative to sale for taxes of said lot 4 in Block 117.
Respondant further denies all and all manner of combination or confederacies wherewith he is charged for any purpose whatever.
Respondant further says as to that part of the complainants’ bill which charges the situation of the records of
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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Illinois &c were notice of the interest of the said Joseph Smith deceased in said premises are insufficient in law or in law or in equity to require him to answer the same and so that part of said bill he demurs. [p. 607]
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Page 607

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Related Case Documents

United States v. Joseph Smith III et al., U.S. Circuit Court for the District of IL, 17 July 1852

Editorial Title
John Kelly, Answer, 22 November 1850 [United States v. Joseph Smith III et al.]
ID #
20568
Total Pages
7
Print Volume Location
Handwriting on This Page
  • George W. Lowry

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