M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-04-09

THE STATE OF ONO VINTON- COUNTY,
IN COURT OF C0MA.ON PLEAS.
William Stevens, rifl
vs.. Civil aoiion
S:::: :::.: E:@ as::2 s::S ;sl:.:s. and Petition
4 OSEPH HANEN, Of Washington county In
eJ thu State ol Psnnsylvanm, vii. take notice
at William Stevens, Of tie Cornly of Vinton, 4,
In the State Of Ohio, did OF. the lglh day Of Feb
urary 1853, iilc his Petition in this Clerks ellice
Di tho Aforesaid court, within and for said Vim
yun county, against said Joseph llanen, William
Bray and George W, Johnston, AZ partners trad
ing under the firm, hamG OF llanen, Bray
Co., drlrndcntS, setting forth among other
things that on the 2jth uay of December 1862,
deiendenls were dealers in sheep, that to induce
the plaintiff TO buy, drleudeuts represented
their sheep TO he thorough bred spanish sheep
Wrought directly from tEe State Of Vermont,
that the grown sheep were worth twenty dol
lars per load, of the very best quality known,
that they would shear from ak 10 ten lbs OF
wool annually. Iha sOuc of them, TO the know
ledge OF said lIanen and Bray, had actually
yielded the previous spring ten lbs the growth
Of ,iugle year.
That the plaintiff was ignoront Of the quality
Of said sheep. and relying wholly upon the re-
enc hundred head OF said sheep, relying Ms afore
said upon the representations Of deiendents to
breed, quality, value. age, and condition OF
said sheep, that plaintiff agreed to pay the same
in wool, 10 Iancn, Bray s Co, for which he
gaze his iive obligations payable on the first
day OF july in each Of the years 1918, 1864, 1850,
1866 and 1857 for eight hundred lbs Vt wool an
unally. that plaintiff should have the ivilego Ui
cancclling said contract if ho should become di:
satisfied herewith.
That piaintif sold cattle for seventy dollars to
said irm, and that the s,l.n5 was credited on one
of said obi ignJions coming due July LIST 1853 -
IT at all of sHld representations Of defendants
were false u;d fraudulent. and made to cheat
and defraud the plaintiff us deicndcnts wei
knew, that said sheep were not thorough bred
spanish nor Of the age IeUresented, of no grt at
u value than from Two to three dollars per head
that their ileGceS will not be more than from one
aud one half to four lbs per head. that many Of
then, were 50 old as to be worthless sc. that
pluiGtif rcqCe.tcd lefcudenls to take back saii
sheep, aud deliver uP suid obligations.
That said lluncn does not reside IN the State
ofOnlu. and said firm has no office or place Of
b 'I,ness in suid State. chat sad ubligauons 40
ia ShId BruyS possession. Aud that the keep
Ing of~aii sheep i worth one dollar per day
ON the 25,h duycf December 1852.
" hich said petition contnins Prayer
That the said firm of ilanen, Bray q Co., and
each Of the members thereof, may ho enjouod
aud ndresJraincd from assigning transferring or II
any manner d.Spo.ing Of said five obligations,
or either o! them, that they may be compelled
to recind said contract, t. dcliyc- up amt can
eel said obligations TO take back said sheep to
refund tu tho pllihtiff tho sum Vf seventy dol
lars paid as aforesaid in cattle. with interest,
aud to pay the plaintiff for his trouble and ex-
H.. 1
ing said sleep, and for such other relief as Ia ay
DC according o equity.
Said defendants will Olso take notice that an
injunction has hccn allowed in said cause.
McCiaLck, Smith, WILLIAM SrEY EMS,
q Bratton, attys for Pltif Fob. 26th--63 -6w.