Letter, John C. Clark to Archibald Williams, 10 January 1850
John C. Clark, Letter, , to , , Sangamon Co., IL, 10 Jan. 1850. Version copied [ca. 10 Jan. 1850] in Letterbook No. 32, “Letters on Debts and Suits, November 6, 1849–10 September 1850,” pp. 136–137; unidentified handwriting; Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC.
title of the land formerly owned by and afterward by the of Joseph Smith, is received. The letter of this office, of the 10th December, was written under the same understanding and impressions as are now entertained after the perusal of your last communication, which does not offer any reason for a change of instruction.
Assuming that ever had any title, the existence of the conveyances from her and her husband to the & the reconveyance from the Trustees to her again, should have put Ward upon enquiry, who was then bound to investigate the whole matter from the commencement, and must be considered as being a purchaser with notice. Such an investigation would have made him aware that the land was bought originally with the money of Smith, which fact would have legally determined that the legal title was never out of Joseph Smith himself, which could ever have been sold on execution. Foote vs. Calvin. 3 John Rep. N. Y. 216 221 quoting Jackson. vs Stoneborgh 1 Ibid 45 in note. Also Bogert. vs Perry & alia 17 Ibid 349. For further instructions I refer you to my last communications.
If there is other property in like circumstances, the same step should be taken to render it liable under the judgment against Smith.