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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.]

Report, 28 December 1850 [United States v. Joseph Smith III et al.]

Source Note

Robert S. Blackwell, Report, [
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
, Sangamon Co., IL], 28 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. 638–648; 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. Report, 28 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 641

Block 153
That in his lifetime he paid taxes upon said lots, parts of lots and blocks, offered to sell the same, and exercised other acts of ownership over said lots, parts of lots and blocks, and up to the time of his death claimed the title to said land in fee simple.
That under and by virtue of the same deed the said Joseph Smith in his lifetime claimed title in fee simple to these lots of land in the said town 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
viz:—
Lots 3 Block 111
[Lots] 3 [Block] 112
[Lots] 3 & 4 [Block] 113
[Lots] 1 2 & 4 [Block] 131
[Lots] 1 & 2 [Block] 135
[Lots] 2 3 & 4 [Block] 136
Block 137
And it appears from a deed executed by the said Joseph Smith in his lifetime bearing date July 12, 1843 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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wife of the said Joseph,
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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an adopted daughter of the said Joseph Smith,
Joseph Smith Jr.

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 G. W. 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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and
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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children of the said Joseph Smith deceased, duly acknowledged, recorded July 8, 1844 purporting to be executed for the consideration of 10000$ conveyed the lots and blocks last above described to the said
Emma

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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,
Julia

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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,
Joseph

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

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
and
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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in fee simple.
The bill alledges that this conveyance was voluntary and without any consideration whatever,
Which allegation is admitted to be true by the answer of
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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in her own right, and also as guardian of the said
Joseph

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

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
and
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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who are infants,
Julia M. Smith

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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since intermarried with Elisha Dixon joins with her said husband in answer to said bill and denies that there was no consideration as far as her rights under said deed are concerned, which denial is admitted by a special
replication

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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thereto.
There is no evidence sustaining the allegation in the bill, and if the Court shall be of opinion that the admission 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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as guardian of the said infant defendants
Joseph

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
,
Alexander

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...

View Full Bio
and
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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is binding upon them, then the special Master aforesaid finds the fact to be that said last mentioned deed was voluntary and without any consideration as to the said
Emma

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
,
Joseph

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

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
and
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...

View Full Bio
and that the said Joseph Smith sod. died seized of an undivided 4/5 of the lots and blocks last above described.
But if the Court shall be of opinion [p. 641]
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Source Note

Document Transcript

Page 641

Document Information

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
Report, 28 December 1850 [United States v. Joseph Smith III et al.]
ID #
20594
Total Pages
11
Print Volume Location
Handwriting on This Page
  • George W. Lowry

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