The comet. (Johnson City, Tenn.) 1884-1916, 1893-04-15

acre, or $4,000 Of the purchase money
thus wrongiully obtained from COM
piainant should be equally divided be
tween them.
The complainant charges that this
compact WAS carried into effect by
Rogers having his associates TO agree
npon a sale Of ten thousand acres OF
the lands held by them to Arthur a.
general manager Of the complainant,
sub ect TO the approval Of the board oi
directors. before which Arthur ap.
peared and represented that the landr
lniersected and joined lands previous
" bought by the association that they
contained valuable underlying seams
of coal and we're worth $15 an acre
and that it would be to the interests OF
the association to buy them at that
price; that by these representations
Arthur, on the 9TH Of March, 1890
gained the consent Of the board to
mako the purchase at SIS an acre
Ten per cent. Of the purchase price
vas paid in cash and the balance in
two equal installments Of six and
twelve months after date.
The complainant AYERS that alter
said purchase the tile bonds or con-
tracts to convey were taken from the
origiaal holders or the greater part Of
them to A. A. Arthur, as trustee for
the complainant, ths inteHtion being
then, il appears, to have the lands con-
Eveyed directly By the originalholders
to the association, but afterwards TO
NOR. effsctually conceal the refsrieus
scheme they had concocted to wrong
the association, Arthur caused the
contracts TO De delivered to Rogers
tits also charged that Rogers, in adj
dition TO his interests in the lands al
ready mentioned. became the owner
of one other tract of land in Claiborne
county containing 1879 acres, which
was conveyed to him in June, 1891, by
G. w. Bowman for u recited conside-
ration Of $1,000.
1t is alleged that Of this land, which
was sold for partition under a decree
of the chancery court, Rogers was a
part owner. The sale occurred on April
Ia, 1891. at which time Rogers was an
active bidder as partner with some
Eof the other tenants in common, but
after the price reached about $4,000 he
i refused to bid more asserting there
was no coal on the same.
The bill then recites in detail the
conveyances of certain tracts of land
on February, IS, 1891, by Rogers to
Arthur as trustee of the association
aegregating 8,52257 acres, which cost
the association, at SO an acre. $l27, !
SSS S5.
To complete the ten thousand acres
/ tits alleged that Rogers on June 10Th
1891, conveyed to Arthur as trustee
or the association the 1879 acres
which then he claimed were Goa
lands, for SIS an acre, making thai
tract cost the association the sum O
$25,2S5, or 20,ls5 more than he paic
for it.
When the chairman and board 0
directors authorized the purchase Q
lands it is averred that they nor am
otner OF its officers except Arthur AM
Rogers knew OF the agreement b
: which these two defendants were t
profit by the transactions and tha
has only recently been fully develope
! and known by the proper officers I
, the association.
The officers of the association bein
: ia London they, trusted implicitly fo
G information concerning the welfare {
4 the association in ihe United States t
i Arthur
7 Whether or not Rogers pcrforme
y his agreement with A. A. Arthur |
y pay him one half Of the $5 an acre 0
2 the lands that was wrongfully paid
q him or what division was actualI
% made the complainant can not 50.
y but is believed and charged that A
Q thur received bis part of the profits
!" The profit accruiug to Arthur an
Il Rogers through the sales to the ass
n citation it is charged amounted to Sc.
Z 39700 oi which amount, the deie
S Idanss Oh tbe Gath o. june, 1891 i
turned aboue 325 100 to the treasur
M 81 the association under some fliml
!. aud false pretense that there had bee
5. 4 contract that the association was
81 have a rebate Of $3.50 an acre on Il
II land but complainant believes that Il
. act was caused by fears arising from
ID partial d4velapm mt Of some Of Il
IL fraudulent trans ctions in Tenness
Is sh rtly previous thereto" and for Il
ll.... ear al1.a u, =. u s...l "A -.