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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.]

Joshua Ward, Answer, 16 December 1850 [United States v. Joseph Smith III et al.]

Source Note

Browning

10 Feb. 1806–10 Aug. 1881. Lawyer, politician. Born at Cynthiana, Harrison Co., Kentucky. Son of Micajah Browning and Sarah Brown. Attended Augusta College, in Augusta, Bracken Co., Kentucky. Moved to Quincy, Adams Co., Illinois, ca. 1831, and practiced law...

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&
Bushnell

9 Oct. 1813–31 Jan. 1873. Editor, lawyer, railroad company president. Born in Westbrook, Middlesex Co., Connecticut. Son of Nehemiah Bushnell and Mehitable. Graduated from Yale University, 1835. Admitted to Connecticut bar, 1837. Moved to Quincy, Adams Co...

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on behalf of Joshua Ward, Answer, [
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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], Adams Co., IL, 16 Dec. 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. 626–637; 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.

Historical Introduction

See Introduction to Ferris Administrator of the Estate of JS.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Joshua Ward, Answer, 16 December 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 629

with all the appurtenances thereto belonging or in any wise appertaining to the only proper use, benefit and behalf of the said
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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her heirs and assigns forever, and the said grantors in and by their said deed covenanted with the said
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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her heirs and assigns that they were lawfully seized in fee of the said premises and had a good right to convey the same, that they were free from all incumbrance and that for the consideration in the said deed named the title thereof to the said
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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her heirs and assigns against all lawful claims whatsoever would forever warrant and defend and which said deed was afterwards and on the said 29th. day of September A. D. 1841, by the said grantors therein duly acknowledged before a Justice of the peace in and for the County of
Adams

Situated in western Illinois; bounded on west by Mississippi River. Organized from Pike Co., 1825. Quincy established as county seat, 1825. Population in 1830 about 2,200. Population in 1840 about 14,500. Latter-day Saint exiles from Missouri found refuge...

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and 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...

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in which the said granted premises were situated and by them then and there delivered to the said
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 by her caused to be duly recorded in the proper recording office of the said County of
Adams

Situated in western Illinois; bounded on west by Mississippi River. Organized from Pike Co., 1825. Quincy established as county seat, 1825. Population in 1830 about 2,200. Population in 1840 about 14,500. Latter-day Saint exiles from Missouri found refuge...

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on the 30th. day of September A. D. 1841, all of which will more fully and at large appear, reference being had to the said deed a copy whereof and of the certificate of acknowledgement thereto annexed duly certified from the records of the proper recording office of the said County of
Adams

Situated in western Illinois; bounded on west by Mississippi River. Organized from Pike Co., 1825. Quincy established as county seat, 1825. Population in 1830 about 2,200. Population in 1840 about 14,500. Latter-day Saint exiles from Missouri found refuge...

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is hereto annexed marked “No. 1” exhibit” is hereto annexed and hereby made a part of this respondant’s answer.
This defendant further answering says:—
That before and at the time of the making and delivery of the said deed as aforesaid the said
John Cleveland

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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was the owner in fee of the said premises and in the actual possession thereof and that by virtue of the conveyance aforesaid the title <​to​> of said premises vested in and passed to the said
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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, her heirs and assigns forever.
This defendant further answering says:
That this defendant is wholly ignorant as to whether at the time of the making of the said deed to the said Smith was indebted to the complainants, and therefore cannot either admit or deny the same, and requires the complainants to make full and strict proof of said alledged indebtedness of the said Smith to the complainants, but this defendant says, that the said deed was made and delivered long before the pretended recovery of the judgement mentioned in the said bill and that the said Smith could not therefore at the time of the making of the said deed have been indebted to the complainants on the alledged judgement in the said bill mentioned.
This defendant further answering from his best information and belief denies that the said Joseph Smith purchased the said premises in the said deed described from the said
John Cleveland

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
wife

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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or either of them or that he ever paid for the said land the consideration mentioned in said deed or any part of it or any other consideration whatever [p. 629]
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Page 629

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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
Joshua Ward, Answer, 16 December 1850 [United States v. Joseph Smith III et al.]
ID #
20592
Total Pages
12
Print Volume Location
Handwriting on This Page
  • George W. Lowry

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