The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-09-30

don & Comfy, to recover s. 300 with inter-
est
Mr.. Troe formerly lived here and did
an extensive read estate business. bringing
people from Illinois. Indiana and Ohio TO
this county. who invariably after seeing
the magnificent farms Of Sedgwick. pur-
chased Mr.. Trice now makes Winfield
his headquarters. He sold farm to the
plaintiff. Jesse Gait who bought Of him
the Old Myers farm on the CowskiTi- pay
ing 5000 for 1t. Mr.. Gait came here about
year ago from Arlington. H.. and is
now living on his farm.
The petition fled yesterday IS as fol-
lows:
Now comes the plaintiff and claims of
the defendant the sum of s., 800 together
with interest thereon from the 22nd day
OF July. 1897 at 10 per cent per annuIn
upon q certain pronissory note
Plaintiff alleges that previous TO the
time OF the execution OF the said pro1nis-
sorry note the said defendant H. T. Trice.
who at that time was engaged in the real
estate business In Southern Kansas. sold
TO this plaintiff one certain farm for the
sum of 5000. That at the time the said
defendant sold the said farm 70 this
plaintiff the said defendant fraudulently
and dishonesty rlisrepresented the con-
dition of said farm to this plaintiff In this:
that the said defendant represented to
this plaintiff that the said farm was free
and clear OF all membranes. whereas
in truth and in fact there was a mortgage
on said premises of s., 900.
That at the time the said plaintiff dis
covered the true condition Of said farm
the said defendant then stated 70 this
plaintiff that If the plaintiff would pay
he entire cash value OF the farm he
would reimburse him wi thin short time
That soon thereafter the said defendant
dishonesty and purposely and for the
purpose of deceiving this plaintiff repre-
scented and stated to this plaintiff that he
was a man of much wealth and influence
in the community; that he did not nave
the means at the time TO pay the indebt-
edness, but If the plaintiff would accept a
promissory note he would meet 1t within
a few days and relying upon such rep
resen tations the said plaintiff accepted
the said note That the said defendant
tract with this plaintiff and has refused
nd neglected 20 pay the debt which ne
so, falsely, fraudulently and dishonesty
contracted That he has refused 70 pay
the said plaintiff the amount Of said
mortgage or note and continues to neglect
to keep his said contract with said plain
tiff That there Is now due the said
plaintiff the said sum OF $1,000 together
with interest thereon from the said 22nd
day Of July, 1897. at the rate of 10 per cent
per annum. That the consideration Of the
said note was $1,000, being the amount of
the mortgage on plaintiffs farm, which
the said defendant sold to this plaintiff
free and clear of all membranes less
$500
That no part of the Same has ever
been paid to plaintiff, and that there Is
now due the said plaintiff as herednbefore
set forth the said sum of 81, 300 with inter-
est at 10 per cent from the said 22nd day
of July, 1897
Wherefore and by reason OF the fore
going the plaintiff demands judgment
against the said defendant for the said
sum of 1900 together with interest at the
tie of 10 per cent from the said 22nd day
of July 1897, and costs of this suit and
for such other and further relief as in
law and equity plaintiff is entitled to-