The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-12-12

that the assurances 30 given by Harts-
horn were being realized, aud that the
understanding obtained at the time was
being carried out by the parties stand
ing behind him in good faith, What
other or different story he may have
told these parties in order to incuce
them to entrust him with their negotia-
BILE paper, for the purpose of enabling
him to carry out his scheme to secure
this property for the Mt. Union College,
is matter Of no importance in the case.
They made him their agent They en-
trusted him with their paper. AS en-
trusted he had full power to negotiate
the same as he pleased. What instruc.
they NAV have given him in reference to
the same, is utterly immaterial, because
not disclosed to the parties TO whom 1t
was negotiated. They are bound by his
acts in this transaction. He was their
authorized agent and instrument. His
acts and doings in these matters were
their acts and doings, and they are
bound by the same.
It is apparent that in his negotiations
with the different parties, that in all this
transaction DR.. Hartshorn, strongly i'm.
pressed as he was, that the end was good
the end being the purchase of this
property by or for the Mt. Union
Coliege-Hquared his efforts by the more
than questionable principle that the end
iustifies the means. He hesitated not to
resort to tricks and subterfuges of a cha.
raCter as deceptive as they we're plausi
BILE, to hoodwink and deceive the one
| thn pthar nP oil Tho |
parties, or the community generally, as
in his Judgment might best subserve the
end of securing the realization of his
cherished scheme. / refrain from any !
further entering into the details of these
disparaging developments; but will pass
them by with the determination that |
they are in character with that no.
torious Northern Female Hospital and
Retreat and Inland Quarantine" scheme
or plot of this doctor of divinity stu
pendous humbug; whereby to blind
fold and deceive the people; betokening
in its distinguished originator degree
of ingenuity, a fertility of invention, an
adroitness in maChination, scarcely in
ferior to the same mental powers which
distinguished that prince Of negotiators
and machinators, the illustrious Machia'
velli himself. ........ ..st.g
Unfortunately for DR.. Brainard, he
was weak enough to let himself be made
the instrument of the distinguished me-
gotiator. He could not escape the
avenging Nemesis. The supple instru4
ment soon became the victim. Unfor-
tunately for all the other parties who
came in contact with this more than
adroit negotiator, they all, more or less,
became his victims and Fufer loss or
encounter serious difficulties. The en-.
terprise, undertaken as it was, and car
ried on as it was by expedients 80
unprincipled and unwarrantable, could
not but end in disaster and ruin. The
history of the case veri6es the old
adage that honesty is the best policy
Had that been observed, the halls of
justice would not have become the
theater of these unpleasant exposures;
and the losses which have now to be
borne by some one or more, would not
have resulted. A court of equity abhors
all frauds and deceptions. 1t is ever
ready to afford relief against the same
1t never sanctions them; never lends
them it's aid. Now if the Millers
and Aultman, and Hartshorn were per-
mitted to set up these paid notes as
valid claims in the case, and by means
of them to sweep away the avails of the
sale of the mortgaged property from
Teeters from the bank and Nicely
monds, leaving their claims unsatisfed.
it is manifest that gross fraud would
be committed against them, as we'll as !
against Brainard. These parties may
suffer innocently. They may have been
imposed upon by Hartshorn. They may !
be his victims. But they made him
their agent. They trusted him in the
matter and if he betrayed the trust re- :
posed in him, and in consequence Of it a
oss fall upon them, it would be most v
lniust to ask that others, and innocent
PARTIES, should suffer the loss instead of
hem. 1t would be equally unjust were =
hese parties permitted to take advant-
Ige of their agents frauds or wrongful
.Cts, in this transaction, or to repudiate a
he same. Therefore the decree will L
re that these parties are not the legal o
folders of these notes; but that the /
lotes are paid, and the parties not Il
ntitled to any claim thereon as holders,
r to any claims under said mortgage by
esson thereof.
%. l find that the parties, except t
'etters, at the time of effecting the pur-
hase Of said Alliance College property,
ad fail knowledge of the fact that
'rainard purchased the same as agent
r trustee for the Mt Union College, aud ,
nat he was not to be held personally re- u
Donsible for the payment of the pur- !,
base money; that the property was 4"
My to be liable for the same and that
ayment would be made by the Mount 4 4
nion College or it's trustees or friends, r.
articularly the MiIers and Aultman, if III
was not fully met by subscriptions 81
.enCe in this equitable proceeding the
)urt finds, whatever might be held in
Ise an action were brought upon the
otes for a personal Judgment against
i'm, that, excepting Teeters, none of the
her parties, are entitled to equitable
iefagainst him, personally, by award
Ig execution against him, for any bal
Ce left unpaid after the distribution of
e avails Of the sale, or otherwise.
Teeters, of course. is entitled to that
rt Of relief against him if required.
8. Respecting the question of priority
liens raised between Teeters, the Ohio
Ationa, Bank and McClymonds, | find
at Teeters, as vender oft mortgaged
operty, has, of course, a vender's lien
r the payment OF the purchase money /
find that he has never parted with that !
yht by making security other than the =
operty itself. It, therefore, still con- t
lues to exist. 1t is, however, difficult !
see how that fact should give him a
iority of lien over that of the bank and
Their claims are for pur.
ase money the same as tbat Of Teeters. I
10 mortgage was executed at the same !
ne the deed was executed. The exc. I
tion Of both was simultaneous and one
lDsaction. This lien dates from the :