, 1873-02-01

tho mnttorB alleged to bavo taken placo botwoen
Downing, Dostwlclt, and others. lie donios That
at tho death Of Dostwiok tho latter WAS lawfully
In possession of eighty acres Of land, namely,
tho west half OF tho southwoat quarter Of scc-
ton O. 49, "A, but no afl'rms tho fact to be that,
on tho 9Th Of Juno, 1866. ho, David Hoas, In
consideration Of $500 paid to him by Bostwica,
did assign to lin tho option aud rofuBal to pur-
chaac, at Any timo within tho period OF four
months from that day, tho shid eighty acros,
upon condition that Dostwick should, before
Oct. 8, 1856, pay to defendant $4,000 In cash, In
which caso q mutual contract for sale
aud purchass should bo drawn and exe-
cuted between tho parties, by which contract tue
parties should mutually covenant and ngree,
rs In tho said option and refusal Is fully set
forth. It WAS also agreed that the timo Of pay
ment Of the said $4,000 should be taken as tho
esaenco Of said contract, and TINT the said $500
should DO absolutely and forever forfeited to
tho defendant should Bostwick fail or refuso to
complete the eaid contract of. purchase on tho
terms and conditions there contained, and within
tho timo therein named. Defendant n1lrma
that the said agrocment was tho only ono that
said HeBB over made with Bostwick, and That
Bostwick was trespaBser In entering upon said
land without tho consent OF this defendant; tint
aftcr anid option to purchase had expired, and
Dostwick had utterly failed to pny tho said
81 600 or any pnrt thereof and this defendant Ind
n psn Honn on ~ ha roa.
tat doton.nts tSan oct;m5 nv ottor,'oy fnr
Mary NJ. Bostwick, John N. Krum, and others
claiming interest In tho land, OH or about Oct. 0,
1865, claimed that tho foncfng Of said land and
other, improvements thereon made nominally
by said DoBtwick, but really with money furnish
cd by John NJ. Krum and othors (nH this do
fendant was informed by Paul Cornell aforo-
aaa1 were nen up9h sau !anu E ~ anu eas .,;o,,
%ns % ~ a ps JOY 'nI at Roaf.ct
n w." T., a,,torng on ac1, iond
7a Rnt MT wIrlnr to raan nv ndyaptaeea from
~! 3ut ,,us "1alnS ~ ;a nfan5snf offasnI
a ny Gnroe1i ' hsa n ta so1i anil
land to them for F,9i. .r0l. thn nr;co at ,ybici,
lo Ind offored il to Boetyicb. Which offer was
ACCEPTED by Cornell. acting ay attorney for aaid
tofonGontg md Trrrm md Mary BoslwicI. and
tho :: defaudnut was reouantod to make q con-
tract ~ ea1e of said 1nni tn Il. r. Palmer. ana
Of tie said defendants, which ho accordingly
did 1efonf3nnt in1iatinp. in raBnect Of the eai1
sistancn t vas acco1od to.-tlat ono of the condi-
inns of tia snlo ~ aai3 land nhou]d bo Tint Cor
nell n. 4. Palmer. join II. Krum. John High
nm ' and 1farv N. i,ostwick At thn2 timo nat,,ra1
Guardian of iii the minor chl5ren of raid Doat-
WWiclf who ara now nomplanants In this suit.
a1rron,ler to tla iefendant said contract Of on
tion to John Boatvick. and execute and doliyor
m inilomnifyinr bond to Bayo and keen harmlesg
thia defendant. from I'LL liability for or on ac-
connt of sucG G&ption and rofunal md from all
claims and i Kinds which The loyal rcprosenta-
I t;Sea hciras 6reditora of said noatwiot now Ind
or might hessaftor have; In pursuance Of which, M
said option and refusal was Hu1rondered to this
executed ind delivered. Defendant denies That
he ovor ;loliyored nny contract Of sale to Boat
wcs' 'nas 10 ospi Eafo a4,aa Pei;aaoa - -. .no
land, 9r enao ooa a. Gt taro ueusu1ea n m
| in tho bill; also denies that Boat-
wick in good faitl offered defendant 1914 900 for
one-half of eaid land or that said land was then
| 1vorth ea{1 mn m fla contrary In ovara fhnt
~ J .vo. ~ .AU ,yorth 1aaya az Nv, liz t, ns
tna Ky iio ,oFs W. NV Mo.tI lote ~ Wy w "
Octoper 1000, I4aA Iuo pIlce asAed lor III naino-
| ", S24, ,o19, and FOR Which defendant sold it to
Palmer. He further ayers TINT 6aid eighty acros