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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.]

Transcript of Proceedings, circa 17 July 1852 [United States v. Joseph Smith III et al.]

Bill in Chancery, circa 18 August 1850 Page 487 Praecipe, circa 18 August 1850 Page 506 Summons, 22 August 1850 Page 506 John Wolfe, Answer, circa 17 October 1850 Page 508 Luke P. Prentice, Answer, circa 17 October 1850 Page 509 David W. Vrooman, Answer, circa 17 October 1850 Page 509 Nathan Prentice, Answer, circa 17 October 1850 Page 509 Emma Smith Bidamon and Others, Answer, 14 November 1850 Page 509 Isaac S. Sanders and Others, Answer, 21 November 1850 Page 524 John Winter and Others, Answer, 21 November 1850 Page 535 Daniel Brown and Others, Answer, 21–23 November 1850 Page 548 Charles Wetzel and Others, Answer, 21–22 November 1850 Page 561 Gacque Martin, Answer, 21 November 1850 Page 574 John Kelly, Answer, 22 November 1850 Page 603 Anna Maria Ritter and George Ritter, Answer, 23 November 1850 Page 582 Nathan Prentice, Answer, 23 November 1850 Page 589 Luke P. Prentice, Answer, 23 November 1850 Page 600 David W. Vrooman, Answer, circa 1 December 1850 Page 593 John Wolfe, Answer, circa 1 December 1850 Page 597 Amos Davis, Answer, circa 1 December 1850 Page 610 Summons, 2 December 1850 Page 622 John M. Ferris, Answer, circa 4 December 1850 Page 623 Supplemental Bill in Chancery, 5 December 1850 Page 619 Praecipe, 5 December 1850 Page 621 Summons, 5 December 1850 Page 622 Joshua Ward, Answer, 16 December 1850 Page 626 Report, 28 December 1850 Page 638 Replications, circa 2 January 1851 Page 649 Decree, 6 January 1851 Page 650 Release of Dower, 23 January 1851 Page 654 Summons, 25 February 1851 Page 656 Notice, 25 February 1851, as Published in Popular Tribune Page 674 Notice, 25 February 1851, as Published in Quincy Whig Page 677 Emma Smith Bidamon and Others, Answer, circa 8 July 1851 Page 658 Joseph Smith III and Others, Answer, circa 8 July 1851 Page 658 Decree, 9 July 1851 Page 659 Report, circa 10 July 1851 Page 660 Certification, between 23 March and circa 10 July 1851 Page 674 Certification, between 18 March and circa 10 July 1851 Page 676 Report, circa 13 July 1851 Page 669 Decree, 14 July 1851–A Page 666 Decree, 14 July 1851–B Page 679 Release of Dower, 22 July 1851 Page 679 Report, circa 12 January 1852 Page 681 Decree, 13 January 1852 Page 686 Release of Dower, 7 February 1852 Page 692 Report, circa 16 July 1852 Page 693 Decree, 17 July 1852 Page 696

Source Note

Transcript of Proceedings,
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, ca. 17 July 1852, U.S. v. Joseph Smith III et al. (United States Circuit Court for the District of IL 1852); U.S. District Court for the District of Illinois, Complete Records, 1837–1856, vol. 4, pp. 486–697; 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.

Page 489

Your Orators further show that afterwards to wit, on the 3d. day of July A. D. 1843, your orators sued out of said clerk’s office an
alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

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writ of
fieri facias

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

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directed to said
marshal

1801–23 Dec. 1852. Farmer, U.S. marshal. Born in Kentucky. Moved to Washington DC. Married first Maria Stribling Brown, 18 June 1829, in Washington DC. Wife died, 13 Mar. 1831, in Washington DC. Married second Sarah Ann. Moved to New York, by 1833; to New...

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and again commanding him to make of the goods, chattels, lands, tenements and real estate of the said defendants in said judgement the amount of said debt, damages and costs, adjudged as aforesaid, to your orators by said Court, which alias writ the said
marshal

1801–23 Dec. 1852. Farmer, U.S. marshal. Born in Kentucky. Moved to Washington DC. Married first Maria Stribling Brown, 18 June 1829, in Washington DC. Wife died, 13 Mar. 1831, in Washington DC. Married second Sarah Ann. Moved to New York, by 1833; to New...

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afterwards, to wit, on the 18th. day of December A. D. 1843 returned into Court, having first endorsed thereon, as his return to the command of said writ “No property found of the defendants subject to said
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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”; all which will more fully and at large appear by reforence to said writs of fieri facias, now on file in said Clerk’s office of said Court to which your orators pray leave to refer.
Your Orators further show that the said
Hyman [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

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one of the defendants in said judgements, has since the renidition of said judgement departed this life, and that the said
Hyman

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

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was at the time of his said decease, totally insolvent, and left no estate, real or personal, to be applied to the payment of said judgement.
Your Orators further show that the said
Peter Hanes

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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,
Henry W. Miller

1 May 1807–9 Oct. 1885. Carpenter, builder, farmer. Born in Lexington, Greene Co., New York. Family resided at Windham, Greene Co., 1810. Son of James Miller and Ruth Arnold. Moved to Illinois, ca. 1829. Married first Elmira Pond, 19 June 1831. Baptized into...

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and
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

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, defendants in said judgement, are each and all wholly insolvent, and non-residents of the State and District 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...

More Info
.
Your Orators further show that after the renidition of the said judgement, to wit, on the ninth of June A. D. 1844 the said Joseph Smith one of the defendants in said judgement departed this life intestate leaving surviving him,
Emma Bidaman

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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his widow, defendant herein, and
Joseph Smith

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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, his children and heirs at law, defendants herein, and that after his said decease, 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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his widow, gave birth to the said
David W. [H.] Smith

17 Nov. 1844–29 Aug. 1904. Born at Nauvoo, Hancock Co., Illinois. Son of JS and Emma Hale. Ordained an elder in Reorganized Church of Jesus Christ of Latter Day Saints, 8 Oct. 1863. Married Clara Charlotte Hartshorn, 10 May 1870, at Sandwich, De Kalb Co.,...

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, defendant herein, and the legitimate child and one of the heirs at law of the said Joseph Smith deceased;
Your Orators further show that the said children
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 G. W

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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,
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...

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and
David W.

17 Nov. 1844–29 Aug. 1904. Born at Nauvoo, Hancock Co., Illinois. Son of JS and Emma Hale. Ordained an elder in Reorganized Church of Jesus Christ of Latter Day Saints, 8 Oct. 1863. Married Clara Charlotte Hartshorn, 10 May 1870, at Sandwich, De Kalb Co.,...

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are all infants under the age of twenty one years and under the guardianship of their mother the said
Emma Bidaman

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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;
Your Orators further show that at the decease of the said Joseph, the said
Julia M. Nixon [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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, defendant herein was the adopted daughter of the said Joseph under the name of
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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, that she has since intermarried, with the said defendant Elisha Dixon, and that she now claims to be interested in the estate of the said Joseph, deceased in some manner unknown to your orators.
Your Orators further show that after the decease of the said Joseph Smith, to wit, in the year 1847, his [p. 489]
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Page 489

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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
Transcript of Proceedings, circa 17 July 1852 [United States v. Joseph Smith III et al.]
ID #
13321
Total Pages
212
Print Volume Location
Handwriting on This Page
  • George W. Lowry

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