1: You are the same E.L. Kelley who was on the witness stand before this after noon?
2: And was examined by Judge Traber?
3: Well with reference to that examination, or this Exhibit 21, I may not ask you if your answer to questions I might put to you in reference to your position with the plaintiff would be the same as you have here-to-fore given?
4: now I will ask you to look at this paper, marked Exhibit 21, and state to the reporter what it is?
It is a certified copy of the record of a deed conveying property in Jackson County Missouri, made by Edward Partridge to Jane Cowdery and others.
5: I will ask you to state whether or not you as the bishop of the plaintiff church have in your possession, custody or under your control the original dee, – or which that purports to be a copy?
I have not.
6: You have not?
No sir. Nor ever had it in my possession. I do not know where the original deed is, nor in whose hands it is.
7: Was it ever in the possession of the plaintiffs so far as you know?
Not to my knowledge.
8: What efforts, if any, were made to find it?
I had the Recorder of Jackson County examine his office for the original as early as 1877, about the date of the copy here, – or 1887 I mean to say, – and he could not find it, so he stated to me, nor did his records show who took the deed from his office, – that is who took the original deed from his office. Cross-examination, –
9: Did you ever see the deed?
I never did.
10: Did you ever know of any one who had it in their possession?
11: You never did?
No sir, I never did. I never knew of any one who claimed to have it in their possession.
12: Was the deed ever in the possession of the Re-organized Church of Jesus Christ of Latter Day Saints?
Not to my knowledge.
13: I under stand you to say that you made diligent search to assertain all these facts?
14: And you don’t know anything about its where abouts, or whose possession it is in?
Not a thing in the world.
Cumingo Recorder By H.G. Goodman, Deputy State of Missouri ) ) County of Jackson ) I.R.T. Hinde, Recorder of Deeds, within and f____ said County of Jackson and state of Missouri, do hereby certify that the foregoing is a full, and true, and complete transcript of the record of the Deed _______________________________________acknowledgement _____________________________________________ and note of record thereon endorsed from Edward Partridge to Jane Cowdery et al – as the same now remains of record in my office at Independence Book No 73 at page 432 following. In testimony whereof, I have hereunto set my hand and affixed the seal of said office at my office in the city of Independence, in said county, this 1th day of June A.D. 1887. R.T. Hinde, Recorder. By W.R. Hall, Deputy. Seal. By Mr. P.P. Kelley, – “Plaintiff now offers in evidence a quit-claim deed dated the 9th of June 1887, executed by Marie Louise Johnson, and Charles Johnson, her husband to George A. Blakeslee, Bishop, and trustee in trust of the Re-organized Church of Jesus Christ of Latter Day Saints, of the County of Berrien in the state of Michigan, for the use and benefit of said church according to the laws and usuages of the same and discribing lots fifteen, sixteen, seventeen, and eighteen, nineteen, twenty, twenty-on, and twenty two, all of Woodson & Maxwell’s addition to the city of Independence, Missouri, – acknowledged on the 9th day of June 1887, before D.E. Havens, Notary Public in the County of Mac Donald in the state of Missouri, – filed for record the 10th day of June 1887 at 10:10 o’clock A.M., and recorded in the Recorders office of Jackson County Missouri the tenth day of June 1887 in book 146 at page 554. The paper offered in evidence above is marked “exhibit 22, J.M.O.”. By Mr. Southern, – “That is objected to because it is not relevant to any of the issues raised by the pleadings in this case on trial. That is the first ground of objection, and the second one is because it does not purport to coney any interest in the property in litigation in this case, and therefore is immeterial, – and thirdly, because it is not shown that the deed was executed as it purports to have been executed. It being impossible to conclude the taking of the depositions herein on this day, by agreement of the parties hereto, entered into in my presence the further taking of the same was continued until Thursday the 21st of April 1892 at the hour of 2 o’clock P.M. Now on this Thursday the 21st day of April 1892 at the hour of 2 o’clock P.M., the same being the time to which the further taking of the depositions here are aforesaid, come the parties hereto as aforesaid, and the further taking of depositions herein was continued pursuant agreement, – W.R. Hall, being recalled, testified as follows on behalf of plaintiffs – Direct examination by P.P. Kelley, – “I will first offer in evidence exhibit 22 here-in-before referred to. This is the exhibit which I offered the last day we were here”. The exhibit above referred to is in words and figures, as follows, to wit: – “This indenture made on the 29th day of June A.D. one-thousand eight hundred and 87, by and between Marie Louise Johnson, only surviving child of Oliver Cowdery, and Dr. Charles Johnson her husband, of the town of South West City and state of Missouri, parties of the first part, and George A. Blakeslee, Bishop and trustee in trust of the Re-organized Church of Jesus Christ of Latter Day Saints, of the County of Berrien and State of Michigan, party of the second part. Witnesseth, that the said parties of the first part, in consideration of the sum of one-hundred dollars to them paid by the said party of the second par, the receipt of which is hereby acknowledged, do by these presents remise, release and forever quit claim unto the said party of the second part, the following described lots, tracts or parcels of land lying, being and situate in the County of Jackson, and state of Missouri. 571 to wit, – The premises known as the “Temple Lot” in the city of Independence in said County; the same being also platted and described as lots 15,16,17, 18, 19, 20, 21, & 22 all of Woodson & Maxwell’s addition to the city of Independence, Missouri. Habendum to George A. Blakeslee, trustee in trust, the said premises being for the use and benefit of the said church according to the laws and usages of the same, said premises containing about two acres and one half more or less. (This deed of Quit Claim being made in release of, and satisfaction for “The Temple Lot” included in other discriptions in a certain deed dated the 29th day of May 1886; recorded in the Recorders office within and for the County of Jackson, in deed book 146 at pages 139) To have and to hold the same with all the rights, immunities, privelages and appurtenances there to belonging unto the said party of the second part, and his sucessors in office and assigns for ever; so that neither the said parties of the first part nor their heirs, nor any other person or persons for them, or in their name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but they, and every one of them shall by these presents, be excluded and forever barred”. In witness thereof the said parties of the first part have hereunto set their hands and seals the day an year first above written” Signed, sealed and delivered in the presence of Marie Louise Johnson (Seal) Charles Johnson (Seal) E.L. Kelley State of Missouri ) ) ss. County of MacDonald ) Be ir remembered that on this 9th day of June 1887, before me personally appeared Marie Louise Johnson and Charles Johnson, her husband, to me known to be the persons in and who executed the foregoing instrument, and acknowledge that they executed the same as their free act and deed. In testimony whereof I have hereunto set my hand and affixed my official seal at office in South West City, the day and year first above written. My term as Notary expires March 21st 1888. D.E. Havens Notary Public (S E A L) State of Missouri ) )ss. County of Jackson ) I.R.T. Hinds, Clerk of the Circuit Court, and ex-officio Recorder of said County, do hereby certify that the within instrument of writing was, on the 10th day of June A.D. 1887, duly filed for record in this office, and is recorded in the records of this office, in Book 145 at page 544. In witness hereof I have hereunto set my hand and affixed the seal of said Court at Indep Mo, this 10th day of June A.D. 1887. R.T. Hinde Recorder per W.R. Hall Deputy (S E A L) On the back of said exhibit 22 appears the following endorsement, to wit) No 14. Quit Claim Deed. from Marie Louise Johnson et al to Geo 572 of L.D.S. Filed for record this 10th day of June 1887 at 10 o’clock and 10 minutes A.M., R.T. Hinde, by J.T. Packard, Recorder Deputy 146,544. Recorders fee 75 cts. paid, Trans 80, Mail Geo A. Blaheslee Galien Mich.