Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-06-13
Real Estate Case IN the Courts.
CHARGE OF BREACH OF TRUsr

A bill In equity has been filed by Thomas
sunderland, of California, and Curtis j. HiIlyer.
or Nevada, against Messra Haiiet Kilbourn and
John F. Olmstead, of this city, charging the
DEFENDANTS with several breaches of trust 10
be cecreed to repay to the complainauts the
amounts out OF which they claim to have been
defrauded- The oil states that In April. 1872.
the plaintiffs, with one William j. Stewart
formed an enterprise for the purchase OF unim.
proved real estate In the northwestern part OF
the city. and employed as the agents the firm
OImstead and James NJ Letta. giving them
power to negotiate and purchase SUCH real
estate as they might elect the plaintiffs and
stewart stewart agreeing to pay the money and rea
were lot charged With commission, the agents
agreeing to exercise their best Judgment to Sc
cure snch real estate at the lowest possible
rate. ana TO make due settlement with the
vendors. The first purchase made was that of
number OF unirnproved parcels OF land In the
northwest quarter OF the city. The purchase
price being 5000 and the purchasers placed at
one In the hands Of their az en ts 90 600 which
Inc latter represented as necessary to meet the
cash pay ments ana complete the purchases, In
upon the good faith and Judgment OF the agents
The Plaintiffs and Stewart then requested the
agents to ascertain the owner OF square No. rs,
The firm OF. brokers reported that the sum OF
Sos coo was the lowest price at which the So 1are
could be purchased, and advised that the pur-
one Upon further representations by the firm
that $4,000 OF the purchase price would be
required In cash, the plaintiffs and their part
ner. Stewsrt. paid this sum TO them, and the
transfer or the property was duly perfected
me plaintiffs low cDarge that In this
transaction they were defrauded by their
agents, who actually adtdua obtained the prop
payment made to the owner was only S. 00o.
tbe plaintiffs being thus fraudulently induced
10 pay the agents $4,000 more than was paid or
erty. or this fact the plaintiffs say they re-
NAMED ignorant until March last, when Sun.
aeIland, having his suspicious aroused by GER
tain other transactions, examined the record
OF the conveyance. 1t is further charged that
the real estate agents In like manner defrauded
the plaintiffs and Stewart out of So 316 BY
e1hargn tS them Ia for lot H. square 1Ss
s., 600; that S72. $40 30 was exacted for square
l55 and only S67 600. IS paid to the owner; and
sl2. 2ss so was asked for lots In square 15S while
These alleged frauds. 1T is stated, were only
discovered last month by looking over the
record ln the case OF Kilbourn against Latta,
now pending In the Equity Court. Latta as
trustee, In the asses of the purchases mem
TONED, it Is alleged, took possession of all the
litle DEEDS, and has since retained them 1t is
ceal their fraudulent acts, caused the deeds |
made to Latta to be for the most part with. |
1eld from record for several months after |
,ney were executed: In December. 1872, Stew |
Art transferred all his interest in these pur- |
;DaSeS to Sunderland, the latter agreeing to |
refuno the money advanced by Stewart |
urther charge Is made In the bill that on or |
about December 81, 1876, the firm of brokers
secretly and fraudulently diverted to their own
Use from the funds of the plaintiffs then In
land the sum OF sl6,52s, making pretext OF
narglng this amount for the care OF ttu5 yrcn-
Fly. The plaintiffs Claim $50 s2t Is with frtar
81, as the amount due them on account of the
lIegtd breaches OF trust Latta and Stewart
eng out OF the Jurisdiction of the court. are
OF made naTttpG tn tho emit ~ INV |