The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-20

| ton, must be read together, ana, In the
light OF the paper OF February H.lsss
marked private: and as explained ~
the uncontradicted testimony as to the
object and purpose in view In giving
them. The undisputed fact IL. that
these papers containing the "option." were
given 10 a firm of land agents as author
.ty TO sell these lots; ard that they did,
as said agents, SO advertise them for
sale; and, even though the language Of
the papers, and the evidence, left IL
doubtful whether the option was TO buy
as well as to SELL the law would not in
fer that an agent TO sell, could himself
become the purchaser. Story on Agency,
section 2l0. In section 2l1 Judge Story
saws: 1T is well-settled that an agent
employed to sell, cannot himself become
the purchaser: and an agent employed TO
buy. cannot himself be the seller" In
Farnsworth VS.. Hemmer. Allen, 49i.
Bigelow, C. j., said: "A man cannot
become the purchaser OF property for
his own use and benefit which has been
intrusted 10 him 10 SELL" See - Wads-
worth vs. Adams, 1873. L. S. r.. 2sO: 10 u.
s. es3: Story's Equity. vol. 1. sections SG,
3i5: Lamar VS.. Hale, 10 Va, l5S: %
Graft, 40.
The transaction between Colbert & Kirt-
lev and the defendant, Shepherd, whether
viewed in the light Of the well-settled
principles OF law applicable to the rela-
ton Of principal and agent,or OF the undis-
puted testimony in the record, shows
| that the plaintiffs were his agents to
advertise and sell his lots; and that as
such they could not become the pur-
| chaser of them or of either of them; and,
| independently OF the other questions TO
be considered, the attempt to obtain the
| title in and for themselves was fraud
| upon the defendant
TDttf9 hn Ioft Ne rff0
the so-called option" as being only an
authority to them TO sell the lots. as
| land agents. and they advertised them
for sale as land agents. On the 18th day
| OF February, the very next day after
the paper sued upon was signed and de-
! lievered to them, there was published in
! the Free LARGE" newspaper in Fred
ericksburg an interview had with
| Messrs. Colbert and Kirtley, in which
| they said: eyes sir we have ;he pro-
perty in hand for sale, and will offer It
at public outcry, in the city OF Wash
| ington, on the 5th of this month March).
| There being no disposition, on the part
of either Congress or people, to finish the
monument. or to care for the grave OF
Mrs. Washington, and feeling the general
depression Of all kinds of business. and
to eniven Up things. we have determined
to sell graves If, by so doing. we can
attract the attention of the country TO
this locality and bring money here from
other sections. We have ordered the
Post. at Washington, TO insert the fol-
lowing advertisement for us; and, If par
ties will purchase, Wa mean 10 sell. the
title to the land and all there is on it
above and below-wil be made perfect 10
the purchaser. We think II would be
better than Libby Prison to some North
ern relic-hunter: and. thinking the oppor-
tunity a favorable one to offer the pro-
perty we have decided to do so in the
manner described. AS real estate agents
we mean business. in this, and In all
other matters. The p operty is In our
hands for sale; and we mean TO sell 1t,
If possible. at the time and place desig-
mated.
(The ADVERTISEMENT.
1.-THE grave OF Mary. the mother OF
General George Washington, to be sold
at public auction"
"To the ladies attending the Inaugural
ton Of Presdent-elect Harrison" ION
Tuesday, the 5th OF March. 1889, at
o'clock p. NJ, we will offer for sale. at
public outcry. at the Capital OF the Uni
ted States OF America, twelve acres OF
land embracing the grave and the ma
terial of the unfinished monument OF
Mary, the mother of General George
Washington.
COLBERT & KIRTLEY,
Real Estate Agents and Auctioneers,
Fredericksburg. Va"
On Saturday morning, the I'd day OF
March, 1859. Hampton Merchant said TO
Mr. Kirtley, II notice that you have adj
vertised to sell the Mary Washington
monument. You can't do II. have
examined the records. and find that the
monument is reserved in the deeds and
neither Mr.. Shepherd nor you have any
right to sell It," Mr.. Kirtley answered:
l propose to sell 1t. TO which, Merchant
replied; 1.-The hell you do! You can't
do IT," To which, MIR. Kirtley rejoined,
IL propose to sell according to the
option"
After 2 o'clock p. NJ, on Saturday, the
I'd day of March, after Kirtley had had
the interview with Merchant above de-
tailed, and information OF the recorded |
deeds which showed the express reserva-
ton and exclusion of the monument from |
the title to the lot conveyed to g. w. |
Shepherd Messrs. Colbert & Kirtley had |
printed. at the Office of the Free Lance, |
1000 copies of a handful as follows:
General George Washington.
The Tomb and Unfinished Monument OF |
Mary, His Sainted Mother!
On Tuesday, the 5th instant, at o'clock |
p. NJ. at the Capital of the United |
States Of America. under authority vested |
I'm us by the real" owners OF the pro-
perty we will offer for sale, at public |
outcry, about twelve acres OF land, stu
ate within the corporation OF Fredericks- |
burg. embracing the grave OF Mary, the |
mother Of General George Washington. |
and also the material Of her unfinished |
monument At the same time and place |
we will offer, to the highest bidder. the |
house in which she lived and died. and |
within eight squares Of the tomb
COLBERT & KIRTLEY.
Real Estate Agents. Fredericksburg. Va.
The plaintiffs, Colbert and Kirtley |
had printed and circulated in 1000 afro
cious handbills, a false statement. known |
TO them TO be absolutely and positively |
false. obviously as a part of their pre-
dication for their suit against Shepherd |
for damages for his refusal 10 sell and |
convey to them (his agents., with war
ranty Of title what he did not own, and |
had never claimed, and what the re-
cord and common fame of the country |
explicitly informed them he had no title
whatever 10.
AS soon as Mr.. Shepherd got the first |
intimation of the shocking advertisement |
i'm the Post and handblls, he sought TO
find Kirtley, who had gone to Washing
ton city; and he sent TO him letter
dated Fredericksburg, Va, March g. 1883: |
Sunday, +. NJ. Mr.. Kirtley, Washing
ton, D. c.: Dear Sir, 1 understand you |
are using my name as the owner OF the |
Washington monument, and that a deed |
will be given for same by me. This, as |
you are aware, is not correct, as / have