, 1865-12-03

govern this case- The only question will be,
was the complainant, who had sold his land
for three hundred thousand dollars, Induced
to execute this deed for the same to the de-
fendants by false uud fraudulent representa-
ticn. If such be found to be the fact there
can tc no doubt as to the duty ot the Court
Without noticing the discrepancies be-
tween the testimony End aworn answers ofrc-
spondents. OF those Of the numerous Witnesses
e1amtued in the casc. we shall proceed to
state facts az We find them:
/. The complainant, Copeland, though per
fectly competent to u1auaEe Ills little firm, to
sell and buy his cattle, and other like trannr-
tlons Of persons IN his situation in life, was
apprehcnding the Importance Of effect Of
formal 1cgnl Instruments when read over to
him. He wos wholly unfit to transact busl-
ness Of such magnitude without the assistance
md advice Of friends Of capacity much supe-
rior to dis own.. His character and capacity
for such business Is correctly stated By the
respondents.
When Burtss was N New York trying to
negotiate sa1e Of the property for s40o, 200,
he stated to q witness, who inquired o. his
had the meeting, the result Of which was not
satisfactory, but he said they had come to
the conclusion to carry out the programme,
which be thought would work. The pro:
grnumc wns thls: BuEtb md Masou. and his
other friends we're scing TT e Itusyills: IS H.
whom he wanted to connect with him. His
friend was West somew hcre-hc was not In
New York. That they wero going to take
SIS COO and 20 to the party from whom he
had bought lor asOO, 900, and spread 1t out
before him, andto induce him to accept of
the III, ,o0O for the purchase money, and pay
ment Of the property. That ffhe would not
accept Of the ST., 900 they would 70 q high
as $1oo, o,ooo-that would be the outside
figure. .
When The witness remarked that be did not
think it could be done, he replied he could,
for this reason: that the parties be was deal
fng with were old, nuauquaintcd With doing
business, unused to handling money only ID
small Quantities md that $75, 900 spread ont
before them would be great temptation for
them to accept, aud that he was confident
| they would not let the money 60 awuy."
Witness replied that he might succeed, but
| they were very dIfEerert from any people he
| Ind ever met with On the creek, II he did.
| Burtts said they would sign any paper that be
wanted-that he was In their confidence to
| said.
Afterwards, wbcn the respondents were en-
deavosing to persuade or brighten Rugg into
colnrromtxe Of his Judgment OF SSo, CO.
| which they Threatened 70 eoniest-they stated
capable of doing eucla business IS Kugg's $
claim related to- They thought he could be
got "a sign one paper ~ well Al another-ahat
It would bo an essy matter to deffaud him
months n, a tTna i statement af the business @ ca
Eith:'
IL. When, Butis returns from New Tors,
bis friend Morty IS there, and had bsen e1s
money Il thay could ct the farnl Tor sloo, ,Do:
Accordingly, without any psevtous consnlta:
| lion, OF consent Of Copeland and his y,tfe,
{who Is. rather the ehTevdost Of the t"sa.l
without my application to their agent. q
broker Bell, who has acted for them =, Tx
up the Writings which the complainant snt
wife were 10 be persuaded to execute On tht
| terms dtttsted By the purchasers
The article OF agreement made with Cope
lsud IN Januaryis asdgnea by Burtss to No
ze3. Copeland Is not ssked 10 caaeel it, bu
i iie deed 10 Nasey Is drawn for The conddera
l tlon Of $2o00n- 4 mortgage Is. drnwn t.
Copeland for 5000, payable II axe yeaE
t T. whh' interest payable yearly. R1t this mort
gage IS uuatcompanfed With anx bond or PEI
Es1al security, for either PRINCIPAL or interest
Aozry should PAR the sum Of eD, 600 and II
of da III. aaie. ' = 4ts "D y; H' 'H
, II /. rot expected that the o1, is tnexhaust
/ | BILE, or viii Ern forever. r II shou1d fan will
!, the Arm, dug into ho1es and worthless an.
: recelsing millions Of dollars for the oil TAXI
e from It.
E As might be. expected when the term; a
(; prepared By one party without consulting Il
/. others, Bustfs, who wak bound to paJ slrt
e | thousand dollars On the 1rst Of April, AZ
n t who had failed to pay thirty thousand
!. March was rot Only to be released from
Il contract, tnt was 10 get back his ten tho
r sand dollars, paid TO bind. tho first har.;,af
e Thu Judgement Of -Rusg, for which Copcla1
e was personally liable, and which xould ha
I'll been paid but fer the default OF bnrus. v
4, wholly unproytded .or. Kespondnts y y
d taliy promised to pay u, With the sss
re tsuce Of Copeland, they could not get &C
id CT it, and II SO, they vcrc 10 give ccpela1
rs I something handsome.
a The deed prepared Ii drawn with gene.
/, ! warranty, without any rncatioa & the lSa
CTS lesscs cadc By the renaes pt s.na@: p