Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-02-29
HEAVY SUIT ENTERED.
Nest virsi'la LAID Titles 10 be
Passed Upon
9y ire District Court - The Plsintif's
Ga m in His 0ecia, alton ADD
tionaI Facts Of the Affair.

At March rules, on Monday next, in the
United States Court, the declaration OF the
plaintiff will be filed in the case Of Joseph
Duffner VS.. d. d. I. Farnsworth and others,
by Frame and Russell, his attorneys. This
will be most important case, involving
lot only q large sum Of money and q
charge of of swipdliDg, but also the much
mixed question OF land titles in West Viz.
ginia. Joseph Duffne-, the plaintiff,
claims $780, 900 damages from the defen.
dapts, for losses sustained by him in 3 con-
veyance Of land, in this State, which he
ayers was wilfully fraudulent. Both SIDES
of the case have already been stated in the
REGISTER, the plaintiffs in an interview
had with him, three weeks ago, at the
Stamm House, and the defendants in a
communication from Buckhannon, printed
last Friday morning. Duffner bought
from the defendants tract of land for
$4,000, and now claims that the sale was q
fraud, and the case frsudulentiy and vii
fully misrepresen ted to him, and he claims
$4,000 damages.
Yesterday afternoon, learning the declar-
alton had been prepared, REGISTER re-
porter called upon NJ. T. Frame, Esq, and
asked to see it. Mr.. Frame handed 1t out,
with the remark that it would be filed at
rules, in the District court, on Monday
next A document of this kind, it will be
understood, simply sets forth the plain
lifts claim and alleges the ground on
which he begins the action. Robbed OF
its legal yerblsge, would it be as follows:
Joseph Duffner, of Cleveland, Ohio, enters
suits against the following persons, chars-
ing them with having. by misrepresenta-
tion and fraud, sold him a certain tract Of
land, and asking damages in the SUN OF
10000: d. ID. 1. Farnsworth, of Upshur
county, w. Va, George and John c. Hen
ming, of Wyoming county, Pennsylvania;
Lewis Murks, of Baltimore; NJ. ]. Tnom1s
Mccormick, of Harrison county; W. H.
Helphenstein, of Barbour, and A. B..
Clark, Henry G. Koon, Cyrus HinSl4, s.
S. Farngorth, Henry F. Westfall, Jackman
Cooper, Valentine Strader and Philip Roger,
Of Upshur county, and Philip Thonas, o.
Barbour. This tract, including portions OF
Upshur, Randolph and Webster counties,
was known as the Thomas Wilson survey
ard later as the Morton tract, and TIE
declaration sets forth that the defendants
re y esente6 themselves to be seized with q
fee simple to this land, containing 10000
acres, and induced the plaintiff to purchase
it They did not give general warranty Of
the whole piece, ss portions contained set.
tiers who held their land for over ten
years, but they gusrsn teed 10000 acres be-
yopd this and the price was 81 per acre.
d. finer AYERS they knew this was misrep.
rtsentation when made, and that the orig
irsl title was not good, the record showing
only what purp0rted to be copy OF the
Morton title deeds. which is claimed to be
insufficient in law. Duffner declares thai
Farnsworth represented himself as once
Governor of the State, president o. the
State Senate, president OF railroad, pres
cent of q bank and a member OF the
Baptist church, aad therefore as man who
could not deceive another in land titles,
and as such a man induced Dutfner to
mortgage his Cleveland properly to raise
the purchase money.
The prosecution claims a fraud, not in
the tax title, as the REGISTER man WIS
given to understand, but in the original
Morton deed, only a copy of which is on
record. A Cleveland attorney named Fish
accompanied Duffner in one Of his visits to
Buckhannon, but he had examined only
the tax titles and not the original title,
until Duffrer had paid down So, 100 OF the
purchase money. He then learned of the
copy" OF this document and though some
explanation was given he went home feel
ing very shaky. In the declaration Philip
Thomas is excepted as among those who
claimed fee.simple to the land and Duff
ner says he was a German from Barbour
county brought into the transaction on
account of his nationality.
There are many incidental statements in
the affair but this is the substance Of it.
1t has also said some of the defendants
have offered to return their share OF the
purchase money received. Both sides Of
the story have been previously given and
the defendants will make their answer in
court at the proper time: 1t is understood
the defense has employed Hon. ]. NJ Ben
nett, of Weston, to conduct their case.
HARPER's stock of wet hats in any shsps,
style or quality at about one.quarter the
,ogrlar nrina of 1I0g Main street