The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-08-22
AnALk ATaPPEn.

An IEiapeIIOn Issued ReDtEnIpInE the
Trustee fs0m ApIlIpE the old RaIR
Observation-Disclosures Or "Ring.r
A Suit which created come Commotion |
was begun in the Municipal Court, satuI.
day, by the presentation Of q bin in
chancerY by Msssrs Caldwell 4 Caldwell.
attorneys. The parties to the suit are the
stockholders OF the Northwestern Virgin.
ia Agricultural A IsoclRtion. Michael Rsil-
ly, AlonEa Loripg, John g. Hoffman,
George Dnscb, Henry StAmm. Charles H.
Booth, Jacob Berger, August Roll, Anton
ReymRnn, John P. Truschei and Jacob
Berger, administrator Of William z, Berg.
o., deceased, are the PLAINTIFF, aud Earl
w, Oglebsy, Samuel ], Boyd, Jacob
Holnbrook, Northwest Virginia AgriCult-
uTAl Society, Henry Amick, administrator
Of John Amick, deceased, Belle A, Thomp'
son, administTairix OF Jennie Al. Alsxan-
der, dsGesaed, +, Archibald, RdmlplslEa'
lrix OF ], Archibald, deceased, o. 7.
Brown, Daniel o. List, Jr, Alexander ].
Cecil, 0rville o, Dewey, Louis
Gaps,sprViyor Of himaelfapd John Warni.
ieldt, deceased, late partners as Gaus and
Warniteldt; Lucy A. Hubbard, sxecutrix
Of John &, Hubbard, deceased; John L.
Hobbs, Edwin HoInbrook, TnomRs II.
Logan, R. Hshsr List and Chester D.
Hubbard. partners 90 Logan, List 4 90,
Robert b McLAin, Henry B. McLaiR,
Thomas T, shallGross, Bertrand MerSbln,
Thomas II, Logan, o, P. Harden, trustee,
Mary Gsus, William v. Hoge, James H.
0glebsy, Earl W, oglebay aud Frank W.
ORlebAy, doing business under the firm
name Of 0glebay Brothers, Robert 6.
Barr and E, ChTislman are the defendants,
Ths petition SETS forth, in substance, the
following facts; The company has desired
for come time past, 10 sell the ground and
had decided, by action otths stockholders,
TO employ surveyor TO lay 1t out in city
lots, with streets and alleys to correspond
with the others IN the neighborhood, go
as to bring the largest amount possible
and go benefit the smaller stockholders.
On July Q, 1881, in pursuance oil call
sigusd Earl W. 0glsbay, Secretary" q
meeting OF the stockholders was held at
the Office Ot the Fire and Marine InsuF.
apCe Company, at which 1873 shares OF
stock were represented Michael Reilly
was chairman and EaSl 0glebay, Secretary.
s. ], Boyd offered u resolution resembling
the IoTmer pOQou nj the stockholders, aud
appointing Il. q Barr as agent to sell the
property, Rs Q whole, on Saturday, August
20, Major Lorlng offered an amendment,
the substance ,ot which was TO have the
ground divided into lots, before being sold,
The amendment was defeated by vote Of
l2l 10 7 ami the original motion adopted
by the sane vote. In pursuance oil this
resolution, Mr., Barr advertised the sale in
the daily papers, ag
The petition further sets forth that The
meeting at the insuIauGe,ot lice was illegal,
"a the notice did not chow any authority
from the board. II further specifics that
several oil the defendants had, In sub
stance, formed a syndicate to drive the
smaller stockholders out; that several gen.
tlemen had bought up stock and were
now proposing TO sell the grounds as q
whole; that In such an event, bidders
will no doubt be few and the price low
that the syndicate will buy II 10 and then
alter LAYING It out into lots, sell ct private
sale and realize handsomely. This the
PLAINTIFF claim will defrsud them Of their
Just and legal rights; aud II there 10 nc
Intention 10 delraud, still II 10 illegal, "a
being unjust to the complsinants. and op,
posed to all the principles Of right and
equity. u.. .-.-.. ,.
A Temporary restraining order was
Issued by bis honor, Judge LETTERS, prohib'
iting the proposed sale until the case can
be heard and determined. The processes
issued In the case are returnable OF the
September rules.