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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 606

premises have never been redeemed from said sale, and respondant was at the time of the filing of the bill in this cause and now is entitled to a deed therefor in fee under and by virtue of said decree, sale and certificate of purchase, a copy of the record of which said proceedings in Chancery Master’s Report duly satisfied together with said certificate of purchase will be produced as this Court may direct.
And so respondant says that he has paid for that part of said premises first aforesaid over the sum of $900, in good faith and that he has no other means than said premises <​out​> of which to make said money.
Respondant further says that he admits that said premises herein described are situate on the South East quarter of section No. two township no. six North of Range no. nine West as in said bill mentioned; But denies positively that the said Joseph Smith deceased at the time of his death owned or had any interest in the same or any part thereof.
Respondant<​s​> upon information and belief further denies that said Smith deceased ever had any interest either in law or in equity to the said lot or that he ever paid any part of the purchase money therefor.
Respondant admits that 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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conveyed said quarter section of land to
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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as in said bill alledged, that said
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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contracted with one
Munson [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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to sell the same to said
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 made his bond to said
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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, that said
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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assigned said bond to said Joseph Smith deceased and that afterwards said premises were conveyed by said
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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to one
R[obert] 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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and that said
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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conveyed all that part of said quarter section which contains the lot aforesaid 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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then wife of the said Joseph Smith deceased.
But respondant positively denies that said several conveyances were for the use and benefit of said Joseph Smith deceased as in said bill alledged or for the purpose of hindering, delaying or defrauding his creditors or that he furnished the money or any part thereof to pay for said premises as is in said bill charged and says he is informed and believes and so states the truth to be that said quarter section was purchased of said
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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for the use and benefit of the community of church called Mormons and that the title was taken in manner stated in said bill because said church was not organised and legally authorised to hold land and not for the use of said Smith as is in said bill supposed and that the monies which were paid for said premises were not furnished either in part or in whole by said Smith deceased but were contributed by the other members of said Mormon Church for their general benefit and arose from the sale of a part said land.
Respondant further says, that if the said Joseph Smith ever had any interest either at law or in equity in said lot 4 Block 117 he conveyed the same in the 27th. day of April A. D. 1842 to one
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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by deed dated the day and year last aforesaid and recorded in the Recorder’s Office of the County of
Hancock

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 [p. 606]
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Page 606

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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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