| 303 Illinois, in 1844, when said Joseph Smith died, and said church was disorganized and the membership (then being estimated at about 100,000) scattered in smaller fragments, each claiming to be the original and true church before named, and located in different States and places.
That one of said fragments, estimated at ten thousand, removed to the territory of Utah under the leadership of Brigham Young, and located there, and with accessions since, now constitute the church in Utah, under the leadership and presidency of John Taylor, and is named as one of the defendants in this action.
That after the departure of said fragment of said church for Utah, a large number of the officials and membership of the original church which was disorganized at Nauvoo, reorganized under the name of the Reorganized Church of Jesus Christ of Latter Day Saints, and on the 5th day of February, 1873, became incorporated under the laws of the state of Illinois, and since that time all other fragments of said original church (except the one in Utah) have dissolved, and the membership has largely become incorporated with said Reorganized Church which is the plaintiff in this action.
That the said plaintiff, the Reorganized Church of Jesus Christ of Latter Day Saints, is a religious society, founded and organized upon the same doctrines and tenets, and having the same church organization, as the original Church of Jesus Christ of Latter Day Saints, organized in 1830, by Joseph Smith, and was organized pursuant to the constitution, laws and usages of said original church, and has branches located in Illinois, Ohio, and other States.
That the church in Utah, the defendant of which John Taylor is president, has materially and largely departed from the faith, doctrines, laws, ordinances, and usages of said original Church of Jesus Christ of Latter Day Saints, and has incorporated into its system of faith the doctrines of celestial marriage and a plurality of wives, and the doctrine of Adam-god worship, contrary to the laws and constitution of said original church.
And the Court do further find that the plaintiff, the Reorganized Church of Jesus Christ of Latter Day Saints, is the true and lawful continuation of, and successor to the said original Church of Jesus Christ of Latter Day Saints, organized in 1830, and is entitled in law to all its rights and property.
And the Court do further find that said defendants, Joseph Smith, Sarah F. Videon, and Mark H. Forscutt, are in possession of said property under a pretended title, derived from a pretended sale thereof, made by order of the probate court of Lake County, on the petition of Henry Holcomb, as the administrator of said Joseph Smith, as the individual property of said Smith; and the Court finds that said Smith had no title to said property, except as the trustee of said church, and that no title thereto passed to the purchasers at said sale, and that said parties in possession have no legal title to said property.
And the Court further finds that the legal title to said property is
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