Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-03-19
MEATY AND INTERESTING
Was the Amended Bill Filed in the
Circuit Court, Yesterday,
In the Case of the Executors of the
Will of George Fox, Of Philadel-
phia, VS., B. Walker Peterson and
Others-A Summary Of Some
Pointed Allegations.

Yesterday in the Circuit Court in the
case of Samuel NJ. Fox and George Fox,
executors of the will of George Fox,
NJ. D., deceased, and in their individ-
| ual right, VS.. b. Walker Peterson, adj
! ministrator of the estate of w. f.
Peterson, deceased, the South Penn Oil
Company and the Eureka Pipe Line
| Company an amended bill of com
plant was filed. 1t may be said, at
the outset, that the present value of
Wetze county oil land is $1,000 an
acre. The amount involved may thus
be readily figured.
The case relates to the conduct of
B. Walker Peterson as agent for the
| sale of a tract of $4,000 acres of land
in Wetzel county, this State. originally
owned by DR.. George Fox, of Philadel-
phia And it appears generally by the
f, bill that Fox, the owner of this land,
| gave William F. Peterson, Sr, a gem
eral power of attorney November 20,
1887. for the general purpose of caring
for the land which at that time aggre-
gated %, 600 acres, and to pay the taxes
on the same and dispose of any or all
Of it to the best interests of all con-
cerned. After the fathers death, w.
| f. Peterson, Jr., became the agent, but
| the distance of the plaintiff from the
land and their inability to discover its
| value made them, perhaps, careless in
calling for a strict account, and so the
matter went on without any settlement
| Of such accounts until the year 1889,
when B. Walker Peterson became pur-
chaser Of the residue of the land yet
unsold. 1t is alleged that he became the
purchaser of the remainder for a small
consideration because of his knowledge
Of the land and of the fact that oil
| was being developed in the immediate
neighborhood of the land, and that he
leased the same to the South Penn OH
| Company for oil development. The
plaintiff claims, of course, that these
| transactions were fraudulent, and
| ask that these acts be set aside. This
is a very brief statement of the situa-
ton upon which the action is based.
The bill proceeds, among other things
| to allege:-
Il. The plaintiffs, therefore, pray
that the court will make an order and
decree resembling and annulling the
said deed made by the plaintiffs as eX-
ecutors as aforesaid. to the said b..
! Walker Peterson, dated June l, 1889,
! and declare the same to be VOID, ana
direct that the same be delivered up
for cancellation, excepting and reserv-
ing to all bona fde purchasers and
lessees such rights as they may law
| fully be entitled TO.
q That the court make an order
and decree resembling and annulllng
the said release given by the plalntl1
as executor as aforesaid to the SAID
| William f. Peterson and B. Walker
| Peterson, and declare the same Vold,
and direct the same to be delivered up
for cancellation.
g. That the court will order ana
direct the said B. Walker Peterson 70
| execute deed reconveying TO them az
Of the land, and reasslgn TO them az
Of the contracts comprised III TINS deed
| excepting those from all lands sold 70
bona fde purchasers, plalntlHs 10 al
low in an accounting the amount OF
the consideration paid by the sald
Peterson to them, together with laWIul
| interest theron, from the time OF pay
| ment.
| 4 |
cree ordering the said B. Walker Peter
son. in his own right and as admins
| traitor, to assign to them all leases
| made by them TO bona noe lessees'
! whether for oil purposes or for other
| purposes whatsoever, and all contracts
! for the sale of any part of said land
made by him, either alone or IN con-
| iunction with said William F. Peter
;ab hoy
performed by the purchasers, and all
| purchase money. notes or bonds, CIV
| en- for any of the said land, ana as
yet unpaid and held by the SAID 3.
| Walker Peterson.
IS. That an account be stated be-
| tween the parties Of the rents ana
profits and purchase money realized
and derived by the said Peterson from
the said lands, and decree be entered
for the payment Of the same to the
plaintiff less the amount OF the con-
sideration paid by the said B. Walker
Peterson. together with lawful interest
from the time Of payment
IS. That the South Penn Oil Com
pany be restrained from delivering to
said b. Walker Peterson, or to his
credit. in the pipe lines. the one-eighth
part Vi IuG OlI WHICH may AdNt ilCi
tofore been produced from said land
under said lease, or which may here
after be produced under the same; and
that the Court will order and direct
that all of such one-eighth Of said OF,
shall be paid 70 the plaintiff.
Il. That the Eureka Pipe Line Com
pany be enjoined and restrained from
delivering to said B. Walker Peterson
any oil in it's hands or custody, stand
ing to his credit which may have been
derived under the said lease, or repre-
sent the one-eighth royalty.
IS That a receiver be appointed to
take charge of one-eighth part of the
oil which may be hereafter produced
and to take charge of all oil now
standing to the credit of B. Walker
Peterson which may be in the pos
session Of the South Penn Oil Com
pany, or of the Eureka Pipe Line Com
pany, and that such powers and au-
thority be gwen to such receiver as
to the Court may seem meet, and the
justice of the case may require
80 That the Court will grant SUCH
other and general relief as the Court
may see fit TO grant, and the circum-
stances of the case may require
The bill is sighed by Samuel NJ. Fox
and George Fox, as executors of George
| Fox deceased and bV Samuel M Fox