Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-03-10
ANOTHER A CASE.j

An Alleged Fraudulent Sale of West Vir-
ginia Lands.
Another. case somewhat similar to the
Duffner-F arnsworth land case, will come up
in the United States District Court this
week. To start with the beginning Of the
story takes US back to the 10Th day OF Sep
TENDER, 1871, when a piece Of land in Web
ster county, known as the Benjamin Reeder
land. consisting of 5000 acres, was an
uounced TO be sold at public auction for
non. payment Of taxes, which was purchased
BY Benjamin Rich and A. T. Bissell. In
October, 1872, James Woodzell, recorder
of said county, by deed Of said
date, so says the plaintiffs
bill, pretended to convey the said land to
the defendants, Rich and Nipple, Bissel
and wife in February Of 1873 conveyed
their interest, such as it was, to I. c. Hip
pie. In 1873 the land was placed upon the
land books of said county in the name Of
Benz Rich, and were returned delinquent
and again sold for non.payment of taxes,
assessed in the name of Rich, for 1866
1918. In November, 1879, it was pur-
chased By the State OF West Virginia.
Again the land was returned delinquent in
the name of Rich and in 1881 was sold for
non-payment of taxes of 1879 and again
purchased by the State. In neither instance
was it redeemed, but was forfeited to the
State CT West Virginia.
In 1882, states the bill, the defendants,
Benz. Rich, T. c. Ripple and John L..
Smith, conspired together for the purpose of
~fraudulently putting upon the market BY
false representation to sell, the above men
toned tract of land. Smith went to Pitts
burgh and became acquainted with Robert
Phillips, the plaintiffs decedent, through
one Burgess, a relative of Phillips, and
worked into his good graces, upon repre-
senting himself as a large land dealer. He
gave Phillips a description of this certain
piece of land, stating that it wrs well tim
bered and underlaid with coal, and upon
this recommendation Phillips sent Messrs
Frame and Holt, attorneys of this city, with
Smith to view the land on the
2Oth day OF October, 1882. Smith
showed them another piece of land,
separate and distinct from said tract.
and represented to them that he had good
titles to the land and that he was a man Of
WeaItn. iRllIlpS deciueu 10 purchase the
land, and in November, 1882, paid Smith
81, 900, being part of the purchase price,
which was $500. Smith secured the ser.
vices of a nan named W. G. L.. Totten,
who was a bachelor, to represent himself as
owner of the land, as the trouble of having
a wife examining the deeds, &c, would be
avoided. Smith acted as attorney for Tot
ten, and in November Phillips paid thu
balance, $500, OF which Totten received
$50 for his services and the balance was di.
vided between Rich, Nipple and Smith.
In September, 1884, Phillips died at his
home in Pittsburgh, and when a settlement
OF the estate was made, it was found that the
title to the land was fraudulent. In the
meantime, SAYS the bill, Smith. for fear OF
being detected in his fraudulent work, trans
ferred nearly sill his property to his children,
and the plaintiff now sues :Asn collect.
lively for the amount Of the purchase money,
81, 500, with 6 per cent interest thereon from
date, and 5000 damages.
The bill was but lately served and the
defendants have as yet fled no answer.