Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-10-14

HE vrupIoArEs HIMSELF.

In the Richmond Whig Of the Stt
instant there appeared an editorial
charging me with having swindled Carr
Bailey, the present Judge Of the County
Court of Lee county, Va, out OIL
az. 500, and to sustain 1t the editor
| publishes Herewith three papers
viz. A contract between Carr Bailey
and myself. . deed Of conveyance from
Bailey to me, and my deed to Altemus
and Jones; and in the Issue Of that pa
per of the 18th instant the following
statement over the signature Of Carr
Bailey appears
"In January. 1852. I employed X. A.
Ayers OF EsiiIiyilie Scott county, Virginia
to- sell twenty .five hundred acres OF land
which ! then owned. In n short time he
came and reported that he had sold said
land according 10 our agreement, which
price was named at $4,000. had offered
TO pay him o per cent. on the sale of said
land. He refused 10 act for that per cent.
but agreed to sell the land for $3.50. paid
him this sum OF $3.50 out OF the amount he
"Given under my hand this October 2
1855.
lsiRnedl CARR BAILEY"
The most material paper connected
with the transaction, and the one that
explains it fully and shows the ground
less character Of the charge, was
not published by the Wing nor referred
to by Judge Bailey in his statement
viz. the option contract executed to me
by Bailey, which is as follows:
IA Copy.l
This obligation and agreement, witnesseth
That ], Carr Bailey, the undersigne here
by agree and bind myself TO sell to II. A.
Ayers or his assigns. at any time within
three months from this date, q certain tract
OF land lying In Lee county. Va, described
as follows-viz. Lying on the north side OF
Cumberland or Stone mountain. contain
ing $500 acres, being all the land owned
by said Bailey on the north side OF the said
mountain, q plat OF which is hereto an
nexed. free OF all dover rights or other en-
cumbrances whatever. AT the price OF TWEEN
ty-fvc hundred dollars. payable as follows
VIZ: One third cash, one third In one year.
and one third In two years. notes TO be exc
cuted for the deferred payments bearing
interest from date. and In consideration OF
the sum ofone dollar 10 me In hand paid. the
receipt whereof Is hereby acknowledged
hereby agree and bind myself TO hold
the said tract OF land for said X. A. Ayers
1882. subject TO his option TO take and pur-
chase the same on the above terms at any
time on or before that day, and II the said
X. A. Ayers or bis assigns shall on or before
the said 18th day Of April. 1882, pay the
amount above stipulated for In cash, less the
sum this day paid, and execute notes FOR the
residue OF purchase money according TO
the terms hereinbefore recited. then agree
and bind myself TO execute deed convey
ing TO the said X A. Ayers or his assigns
n
nants OF special warranty. retaining lien
for the deferred payments and deliver the
same simultaneously with the said cash
payment and notes.
signs shall pay or tender the said cash pay
ment and notes properly executed, then
this option IL TO become firm and binding
upon me for all absolute sale OF
the said tract OF land at the price and upon
the terms hereinbefore recited, without any
further limitation as to time. and should
fail from any cause TO execute the deed
herein provided for. free OF all liens and ell
cum brances at the time said cash payment
IL made or rendered. then this contract is
10 be absolute. as before provided: but the
said cash payment and delivery OF notes Is
TO be postponed without interest until said
deed is ready for delivery, OF which an TO
give said X. A. Ayers or his assigns reason-
able notice. But should the said K A.
Ay efs or his assigns fail 10 make said cash
payment and deliver the said notes or TO
tender the said payment ard notes as here
I'm provided on or before the 18th day of
April. 1882, then this obligation is TO be
null and void. otherwise in full force and
virtue.
Witness my hand and seal this l sth day of
January. 1852.
(signedl CARR BAILEY. [Seal.l
The transaction, briefly stated. was
as follows: Carr Bailey offered to sell
me the land in question for $4,000. |
told him | could not buy unless ] had
some prospect for a sale "or could
place it," but that if he would give me
in option for three months / would en-
leavor to handle it. This he readily
agreed to do, and did, and voluntarily
,flered to give me $50 out Of the OPP
ion price, which reduced to writing
IA Copy.I
Should X. A. Ayers succeed in making q
ale Of tract OF land upon which / have
his day given him an option at twenty-five
hundred dollars, / hereby agree and bind
myself 10 pay him OUT or THE PRICETHERE.
~ the sum of one hundred and fifty dollars.
Witness my hand and seal this 18th day
If January, 1882.
lsignedl CARR BAILEY. ISeaLl
Across the face of the above is endorsed:
Cancelled and paid. X. A. AYERS"
Within the time limited | exercised
he option and closed the purchase of
he land--viz., on the 10th day Of
March, 1882, and Bailey conveyed it
10 me for the option price wiz,
$4,000, of which pad him in cash
1850, and delivered him his contract
Tor also cancelled by me.
1t will be observed that was neither
Bailey's agent nor attorney, but the
holder Of an option on the land bind
ing him to convey it to me on COM
pliance with its terms; a contract
which | could had enforced had he re-
fused to convey, as well as his con-
tract first published by the Wing.
Especial attention is called to the
fact that both the option and contract
bear date on the same day--yiz., the
18th January, 1882, and that the con-
tract refers to the option and the
amount of the option price (s2,5O0);
md that within the time limited in the
option. three months)-to wit the 10th
March, 1881 exercised it, and Judge
Bailey conveyed me the land.
was not then the agent or attorney
Of Jones and Altemus. They were bona
fde purchasers Of my property at a
price agreed on between us. Both the
deed from Bailey to me and the one
from myself to Jones and Altemus are
recorded in the clerk office of Baley's
court. More than three years and a
half have elapsed since this transaction.
md Bailey, although living in an adj
dining county and frequently meeting
me, has never made claim upon me in
my way or intimated dissatisfaction
with his sale until now.
The charge that l clerked for a firm
1t Big-Stone Gap that failed is false.
The charge that | clerked for firm
It Speer's Ferry that failed is false.
That failed in business on my own
account is true. but the intimation that
profited by it is false.
deem this refutation of the SANDER
promulgated by the Wing due to the
public at once. If the editor OF the
Richmond Whig has any sense of JUS
ice. he will give it as wide circulation
through the columns of his paper as he
nas given the Islander by which he
sought to injure my character and aid |
lis partisan purposes.
Very respectfully, &C..