The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-03-19

to.
so. That the court make an order and
decree resembling and annulllng the.
said release given by the plaintiff as
executor as aforesaidto the said VIII
lam T. Peterson and B. Walker Peter
son, and declare the same void. and d.
rect the same TO be delivered up for can
collation.. +.
-. That the court will o-de: and d.
rect the said B. Walker Peterson 10
execute deed re-conveying to them all
of the land, and reasslen to them all OF
the contracts comprised In this deed.
excepting therefrom all lands sold to
bona flde purchasers. plaintiffs to allow
In an accounting the amount Of the
consideration paid by the said Peterson
to them. together with lawful interest
thereon. from the time OF payment.
Il. That the court will make n de-
son. In his own right and rs administra-
tor, to assign to them oil leases made
by them to bona fide lessees. whether
whatsoever. and all contracts for the
sale OF ans part OF said land made by
him, either alone or in conjunction
with said William F. Peterson, the
younger. which have not been perform
ed by the purchasers, and all purchase
money. notes or bonds, given for any
OF the said land, and as yet unpaid and
held by the said iB. Walker Peterson.
IS. That an account be stated be-
tween the parties OF the rents and pro.
fits 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 plain
tiff, less the amount OF the considera-
ton paid by the said B. Walker Peter
son, together with lawful interest from
the time OF payment.
&c. That the South Penn OIL Com.
,panv be restrained from delivering to
said 3. Walker Peterson. or TO his
credit, In the pipe lines, the, one-eighth
part of the oil which may have hereto
fore been produced from said land I'M
der said lease, or which may hereafter
be produced under the same: and that
the court will order and direct that all
OF such one-e!ghth of said oil shall be
paid to the plaintiff;
90. That the Eureka Pipe Line Com
pany be enioined and restrained from
delivering to said B. Walker Peterson
any oil in Its hands or custody. standing
to his credit which may have been de-
rived under the said lease, or represent
the one-eighth ropalty.
IS. That receiver be appointed to
take charge of onc-eishth 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 posses
sion Of the South Penn OIL Company or
Of the Eureka Pipe Line Company, and
mat such powers and authority be
given 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 ut to grant, and the clrcum-
stances OF the case may require"
The bill is signed by Samuel VI. Fox
and George Fox, as executors OF
George Fox. deceased, and by Samuel
NJ. Fox and George Fox individually,
the plaintiffs. The attorneys and coun-
sci for complainants include Alfred !.
Phillips, Of Philadelphia: Ex-Governor
A. B. Fleming and U. n. Arnctt, OF
Farmont, and Caldwell &; Caldwell, OF
this city. Mr.. Henry NJ. Russell Is
counsel for defense. The bill is very
voluminous one, covering something
like seventv-five pages OF typewriter
legal cap. Some Of the letters. notably
one written May 0. 1889, by B. Walker
Peterson. afford very interesting read
Ing. and his Views of the county OF
Wetzcl and the public administration
of Its affairs are caustlc.
After this letter It appears that Mr..
Peterson made an effort to buy the re-
naming interest Of the Fox estate for
$1,000, and assuming delinquent taxes OF
$3.50, The plaintiffs alleged that In
their negotiations and dealings with
Mr.. Peterson. they relied upon his
making a true and accurate report to
them concerning the property and all
relating to II, "and for furnishing the
Information that his brother, the said
w. L. Peterson. the younger, had fall
cd to supply.">lt Is further said that
upon consideration OF said report and
letter of Mag 0. 1859, and acting upon
the faith, OF the same, and relying upon
conversations and representations
made by The, said b. Walker Peterson.
they accepted his offcr for the said
property. and made and executed q to
hlm the deed OF conveyance, which la
mentioned and set forlh In the Nrsti