The Great Falls leader. [volume] (Great Falls, Mont.) 1888-1900, 1888-10-25

GRE
FRAUD, DECEIT AND FALSE REPREsENrl
TIONs
of them the said William A. Clark an
Samuel E. Larabie, and the collusion b
them with diverse and sundry partie
and persons SO to procure the same, an
was and is as against the right of tn
said Mamie H. Jones null and void.
The plaintiffs further say at the tim
OF and prior to the sale of the interest i,
said premises of the said John H. Rogers
deceased, one Geo. w. Irwin was the ad
ministrator of the estate of him the sal,
John H. Rogers, deceased, and conducte,
said sale, and was also in and about tn
management, negotiation for sale an,
control of said premises, the agent TO
this plaintiff, Mamie H. Jones, and s,
continued to be such agent, down to an,
incl uding the time of the executing O
said deed, and that the said Mamie H
Jones was ignorant of the value of he
said interest In the said premises, ant
had no other means of ascertainine tn,
value thereof except what she could lear1
from her said agent, and what it, undivid
ed interests in 1t, would bring in the oper
market at public sale when it or Interests
In 1t should be offered for sale and sold
at fair and free public sales, and that the
said Mamie H. Jones relied upon such
bids so made and such information from
her said agent as she could obtain as tc
the
VALUE OF SAID PREMISES.
which facts were we'll known to the said
defendant. And the plaintiffs furthe,
say that the said sale of an undivided in.
terest In said premises belonging to the
estate of said John H. Rogers, conducted
as aforesaid by the administrator afore-
said, George W. Irwin, purported to be a
fair and free sale thereof, after due ad.
vertisement for cash in open market and
so appeared to be and was then by her
the said Mamie H. Jones believed to be
such fair sale as would enable the said
estate to realize its full market value
after such competitive bidding thereon
as to the value of said premises would
ordinarily incite, and that at such sale
the said interests of the estate of him the
said John H. Rogers was sold to the said
defendants William A. Clark and Samuel
E. Larabie, they being the highest bid
ders therefor.
DECEIVING THE WIDOW.
And the plaintiffs further allege that
shortly after said administrators sale
and before the execution by her the said
Mamie H. joined of the deed of her
interest in said premises to said de-
PENDANTS, the said defendants made
application to the said Mamie H.
Jones to purchase of her, her said
interest in said premises, being her dover
therein, and then and there stated to her
that they were the owners and possessors
Df all other interests therein, and for
that reason desired to purchase her said
interest and were willing to pay to her
therefor more than it was worth and
more than it would bring in the open
market if 1t were then offered for sale,
Ind to induce the said Mamie H. Jones
% sell her said interest at less than it was
worth and for $3.50 stated to her that
e25O was more than the value of the in
crest of her the said Mamie H. Jones in
md to the said property aud fraudulently
conceal the true value thereof and en-
cred into conspiracy to make immedi-
tie payment of $3.50 and precipitat
ale as hereafter set forth and described. |
THEY LIE TO HER.
And the said plaintiffs further say
hat at and before the time of the max
ng said statements and representations,
md at and before the time of the execu-
ion and delivery of the said deed by her
he said Mamie H. Jones, the said de-
endants were tenants in common in said
PREMISES with her the said Mamie H.
ones and were then exclusively working
he same, and were familiar with its
alue and that the said Mamie H. Jones
vas not familiar with nor did she know
he value thereof, and in response to the
pplication of the said defendants to pur-
hase as aforesaid she stated to them
hat the said George w. Irwin, who had
old an interest in said property as ad-
Illustrator as aforesaid was the manag-
ag agent of her the said Mamie H. Jones,
nd that she would not sell the same up
n any know ledge which she had or
hight obtain of the value of said prem
'es, but only upon the advice and ap-
roval of her said agent, George w.
rvin. Whereupon the said defendants
FRAUDULENTLY COMBINING
, obtain the said deed from the said
Jannie II. Jones, did falsely cause it to
e represented to her the said Mamie
l. Jones among other things that the
aid George w. Irwin had advised the
ale of the said interest of her the said
Jamie H. Jones, to the said William A.
lark and Samuel E. Larabie for the said
um of two hundred and fifty dollars,
nd ornrovo6 of c,,oh sa1o at aai6 prina |