In his Journal, Martin Henderson Harris, speaking of some of his descendants, stated the following: “Aunt Sophia died at Wayne Co., N. Y. She married Seth Harris, her cousin. She had a son by the name of Daniel. He (Daniel) is the one "it is supposed that obtained from Uncle Martin Harris by deceit the deed of the temple lot in Jackson Co., Mo. The last time he was heard from, he was in Wisconsin.”
Daniel H. Harris, born 1811 in Ontario County, NY was only 4 when his Father died in 1821. His mother Sophia married again but sadly she died in 1827 when Daniel was 10. Following that, he lived with his 2 step parents until able to move out on his own. His older sister Anna (who married in 1828) moved by 1834 to Geauga County, OH. Daniel was likely around 18 when he moved to Ohio joining his sister and husband.
Jerusha Hodges had also moved with her older brother Ira Hodges to Geauga County, OH. She may have known Daniel Harris back in Ontario, Wayne, NY from earlier years. By 1840 her parents and younger siblings had moved on to MI.
In 1838 Daniel married Jerusha Hodges in Geauga County., OH. He was 21. She was just turning 20.
While living in Ohio several of Daniel’s extended Harris family lived nearby; including uncles Emer, Martin and Preserved and grandparents Nathan and Rhoda.
Martin Harris was heavily involved in the fledgling church and had even traveled to the conferences held in Jackson County, Missouri, August, 1831. Section 57 instructed the saints to purchase the place for the Temple and every tract westward from the Temple Spot to Indian Territory.
With the church numbering only a few hundred members, many poor, Martin Harris was the most prosperous. He had paid $3000 for the printing of the BOM and had traveled approximately 2500 to proclaim the book at his own expense. Section 58 stated: “It is wisdom in me that my servant Martin Harris should be an example unto the church, in laying his moneys before the bishop of the church.” Martin placed $1200 in the hands of Bishop Partridge for the land purchases in Jackson County on 3 August 1831 After assisting in dedicatory services in Jackson County, he returned to Kirtland.
The highest spot of ground on the 63.27 acre Tract in Independence was the Temple Site. Bishop Partridge purchased the 63 acre spot for $130 from Jones H. Flournoy who had “jumped the original claim” by Joseph Smith on 19 Dec 1831. Flournoy had only held it a week before selling the 63 acre portion of his larger 160 purchase to Partridge.
The deed was held in the name of Bishop Partridge. There was uncertainty as to whether or not a church association could hold title to real estate in Jackson County. But it was well understood by all that it was “church property”.
Published history has never revealed that Martin owned the Temple tract after Bishop Partridge. The fate of the physical deed is unknown. The only record of its existence is contained in the minutes recorded at a historic council meeting at Winter Quarter in 1848. During that meeting apostles gave clues as to the mystery of the disappearance of the Flournoy to Partridge deed. No church members, or especially leaders could return to MO after the extermination order. James Pool wanted to buy the temple Tract in 1848 and sent his agent, a Mr. Pearson, to Winter Quarters where the saints were camped with Brigham Young in preparation for their trek to Utah. Mr. Pearson did business with a churchman named J. A. Kelting, who relayed the message to the apostles who held a council meeting on April 26, 1848. Found in the minutes of the meeting: Brigham Young in speaking of The Temple Lot in Jackson Co stated: “The land was deeded to Martin Harris. He has not put the deed on record.”
At that meeting Kelting stated: that Martin “wrote to Independence that he had sold that land--but there are no deeds (recorded), or ever made their appearance”. And later: "Did they know Mr. Harris held the Warranty Deed? I know it. It was turned over to Martin Harris for moneys advanced to print the Book of Mormon-If the Warranty Deed is recorded now it is not good for anything-the heirs have so many years to redeem it-it is out next August.”
From the minutes there are several points:
Brigham was in a position to know, not only because he was an apostle and was in possession of official Church records which had been taken to Winter Quarters, but because he was closely related to Martin Harris. Marin’s wife, Caroline, was Brigham Young’s niece, she being a daughter of his brother John Young
However Martin’s rights were ignored as the apostles decided to sell a quitclaim deed using the excuse, which was expressed Heber C. Kimball that, “I see no more impropriety (in selling the Temple Tract than in selling Church Lands. Its been done in Jackson Co., and Nauvoo. Its under a broken contract anyways-the Lord won’t consider it valid. I don’t anyway”.
Why did Martin never submit the deed to Jackson County? Likely from the hostel nature of those in positions of leadership in MO towards the members and leaders of the Church.
Winter Quarters Documents record Mr. Kelting saying that Martin wrote to Independence that he had sold that land–but there are no deeds, or ever made their appearance. If he had sent the Deed by mail, it easily could have destroyed instead of being recorded since the postmaster and the recorder of deeds were instrumental in raising the mob which expelled the saints; and Martin Harris’ name was so prominent among the now despised saints that it would have been immediately recognized.
Does a Quitclaim Deed Expire? A quitclaim deed does not expire because it permanently transfers ownership from one party to another. That being said, the new deed must be filed with the county clerk's office to record the official transfer. If the new deed is not recorded, it can create legal and financial challenges.
After living near his uncle Martin from the mid 1830s Daniel eventually moved to Wisconsin by 1850. If he did indeed obtain the deed from Martin, he also never had it recorded in Jackson County, MO. From 1860 to 1870 he and Jerusah lived in Quincy City, Adams, IL and then eventually moved back eastward to Wyoming, Luzerne, PA by 1880. On 7 November 1898 Daniel died there. No other records are found indicating Martin nor Daniel having the deed to the Temple Lot.
With all the confusion of title and the emotionally charged contentions as to which
faction of the Church was the successor to the original Church and its property, the stage was set for civil intervention by the court. In 1891, the RLDS Church filed a suit in equity in the U.S. Circuit Court at Kansas City, Missouri, against the Church of Christ for possession of the Temple Lot.
Ultimately in spite of various deeds, and claims of ownership for the Temple Lot the courts recognized it was legally “Church property”. Establishing which was the legitimate “Church” needed to be answered.
Another group that was to play a part in the Temple Lot Suit became known as the Hedrickites, also referred to as The Church of Christ. They were followers of Granville Hedrick and had alienated themselves from the main groups of Mormons.They were one of the first “Mormon” groups to return to Jackson County, Missouri, in February 1867, after the Saint’s expulsion in 1833. This group held possession of the Temple Lot when the lawsuit was initiated.
The trial of the Temple Lot Case furthered the intrigue that had already surrounded the
purported transfers of the property. The complainants in the case, the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS), sought to claim ownership of the subject property by equitable title as successors to the primitive Church, while the defendants in the suit, the Church of Christ (Hedrickites) sought to assert ownership by legal title to the property. No sooner had the Hedrickites entered their appearance than the Church of Jesus Christ of Latter Day Saints (LDS or “Utah” Church) began to actively participate in the defense of the suit, even though the LDS Church was not a party to the action.
Temple Lot Case did not settle what was intended, that is, settle the title dispute to the Temple Lot. Instead, the bottom line was that status quo would be maintained. It is somewhat ironic that the parties to the suit, through a convoluted course of action, got exactly what they wanted. The RLDS Church was declared the true successor to the primitive Church (based on points of doctrine and practice of same) and the Church of Christ (Hedrickites) was awarded the property that was coveted by all factions of the primitive Church.
Sources used for this research by Randy Harris:
The Journal and Descendants of Martin Henderson Harris, Page 66 Taken from the Original by Martin H. Harris, March 19th, 1868 and compiled on July 21, 1952
The Temple of the Lord, by Richard and Pamela Price, published by sem 2307 W. Southside Blvd. Independence, MO 64055, Page 46
RLDS History, various
State of Missouri Deed Book B, p.1
Journal History, April 26, 1848, MS-f-143-#8, LDS Archives, 50 E. North Temple Street, Sal Lake City, Utah.
The Temple Lot Case: Fraud in God’s Vineyard by S. Patrick Bagete, II found at:
https://www.jstor.org/stable/43200172
https://restorationbookstore.org/pages/the-dedication-of-the-sacred-temple-site
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