The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-09
The Land Subscribers versus The
Chesapeake q Chic u. II. Co.

Very many Of that large class o
persons, who were induced through va
t rious means, representations and
!. pledges employed and made, to sub,
scribe their lands to the Chesa-
peake and Ohio Railroad, paya-
!, bic in its eight per cent preferred stock
,, bitterly and justly complain Of the pu,
!, mic faith OF the company. These land
subscriptions form the basis of this
soulless corporation. Without them il
would not to-day exist To procure
subscriptions, the company employed
Hon. 81. II. Mathews as general agent,
and great many sub-agents; and, in
the mean time employed canvsssers
and public speakers to visit in person
the various counties on the line OF inn
provementaud urge the people, in pub
lie addresses delivered, to subscribe
their lands. The schemes adopted were
successful, and thus, only, was the
charter OF the corporation saved. Some
36O,OO0 acres OF land were secured,
amounting in value to upwards OF $780,
600. These lands are situated in dill
ferent counties OF this State, but the
larger portion, perhaps. in Greenbrier,
Monroe, Fayette, Nicholas, Brsxton,
Clay. Pocahontas and Webster
Amongst the largest subscribers, we
may mention Hon. A. P. Caperton,
Hon. s. Price. Col. Paul Mcneil, DR..
VIM. P. Rucker, Hons Homer A, Holt.
George Edmiston, B. II. Smith, T. b.
Swaun, James II. Rogers and others,
The company has not only tailed to
issue the stock in payme ent for the lands
subscribed according TO the terms OF its
solemn obligations, but after failing in
the attempt TO depreciate and buy up
these stocks at from twenty-five to fty !
cents on the dollar, it has determined to |
utterly ignore its contracts with both |
agents and veuders, alleging deception,
Misrepresentation, fraud, &c. Many
suits are now pending in the Circuit
Courts OF several counties, and many
more Will be instituted, We are inform
ed, at an early dag, seeking specific
performance OF the Aforesaid agree
mepts. We say to one aud all, pitch
in. The law upon the subject, which
we give below, is plain, so plain that
any one may comprehend it. Besides,
We now have Courts, Circuit and Su-
preme, to enforce The law. Here il is
Where q particular description Of
the estate is given, which turns out to
be false. and the purchaser cannot be
proved to have had q distinct knowl-
edge OF its actual state and condition,
he will be entitled TO compensation, al.
though court OF equity will compel
him to perform his contract. The rule
OF caredt emptor. indeed, has no applica-
tion, when the defect is latent one, and
OF such q nature that the purchaser
cannot by the greatest attention, dis
cover it, and il, moreover, the vendor
be cognizsnt of it and do not acquaint
tfut enIvfce opeNnsv ~. 'V'.,.->.~ - :
even if the purchaser might By the
exercise OF proper precaution, have dis
covered the defect, equity will not as (
sist the vendor in case be has indpStri-
ously concealed it. Sug. Ven. and Pur a.,
IA, Edition 1856.
IF q purchaser. choosing 10 deal for
himself, does not effectually avail him
self OF the knowledge or the. means Of
accessible to him or his
agents, he cannot afterwards be permit
ted to say that he was deceived sod
misled by the vendors Interpretations;
for the rule in such cases is edvedt sup
tor, and the knowledge OF his agent is az
binding on him as his own knowledge.
It ia his own folly and lscbes not to nee ,
the means OF kndweledge within his
reach, and he may properly impute any
loss or injury in such case TO his own
negligence sud indiscriminstion Sug.
Ven. and Pur. IA Edition 32S-330
Browns Legal Msxims .742. 2 Lomax
Dig. p. 65 Sec SO.
"Wheu the defects are psteUt and
such as might have been discovered by
a vigilant man, or where contract was
entered into with a full knowledge oi
them, equity will not afford relief; for
in the former case the rule ia. vigildai-
bus non dormentibuS jurd s,lbvertrnt, and
in the latter. seientia untrinqus par pdrcs
contrahentes fae;t-tbe Law will not as
sist an improvident purchaser, nor will
II interpoee where both the contracting
parties were equally well informed as to
the actual condition Of the subject mat
ter OF the contract" Sug. Ven. and
Pur., Aih Edition /. Browns Legal
Max. 743.Darl's Ven. and Pur. 3o,40.
Equity will not interpose in favor ol
q man who willfully was ignorant Of
that which be ought 10 have known.
IL Gle. Fin. 24S 2S6. Browns Legal
Max. p 742, note 4.
Where the price has been fixed BY
arbitrators, as 10 the fact in many in
stances in the case OF these contracts
With the company, the Law 10 this -
"In order 10 resist the enforcement Of
the award, il is necessary that its va
lidity be impesched. II 10 not sufE-
cient for this purpose TO contend, or
even to prove that il is unreAsonable or
unjust for the reason and justice Of
the case are the very points referred TO
the arbitrators, and on which their de-
cision must be conclusive. But il any
fraud or part'slity be shown, il will
palpably vitiate the award" Ad. Eq.
Sd Am. Ed l p. 449, and note ]. "Asd
where an award declaring the price has
been actually made. . Court OF Equity
will enforce compliance with it. Par.
Con. Sd Ed. $50, Note 10.
MoroveT, these contracts were made,
for the most part, during the year 1863.
Hon. Samuel Price. lawyer Of emf
pence, Was employed by the company
10 Investigate the titles and report. He
reported, and the company accepted,
pressed the subscribers TO make deeds.
The stock which uas the consideration
OF the lands described, have been, ever
since recognised and represented 10 The
general meetings of the etockholders OF