The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1902-12-31
FRAUD Is SHOWN.
Supreme Courts Opinion in
Iron civ Case.

lion CITY Case.
Fri, Te offse Oo:o.:On ss Ha1ded
dOwI A doc meat C8IiaiB:s az some
Very Hot SbOts seut up rom
Cha JesiOa-i.ower Court is Sustain.
ed II Most IIpo liant Case.
Tue decision OF the Court of Ap-
peals in The case of the Iron City
Oil and Gas Company or as It is
styled james C. Frazer ct al, Plain
tifis and Appellees.vs David S. Brew
er, ct al, Defendants has reached
here. This case is of great interest
o people Of this county. They are
veil acquainted with the facts in
The case which are reviewed by The
court in the following syllabus and
opinion. The opinion 10 bv Dent
and it is concurred ia by the r 4er
me m beers OF the court. 1t is as fol
ews:
SYLLABUS.
l. Ii on bill, answers, affidayits
and exhibits, the facts, cireum
stances and legal prescriptions are
'trongly IN favor of PLAINTIFF equity
and OF defendants unfairness and
duplicitv, it is not error for the cir
cult court to continue a temporary
injunction and receivership for the
purpose of preserving the litigated
property, until the final hearing of
The cause.
This is an appeal of David L.
Brewer and others from vacation
order made by the Hon. John W.
Mason, Judge of the Circuit Court
of Monongalia County, on the 18th
day OF April, 1902. overriding the
motion of the appellants to dissolve
the temporary injunction granted
aud discharge the receiver appoint
ed, in certain chancery suit in
said court pending wherein James
C. Frazer and others were plaintiffs
and appellants were defendants.
The controversy as appears from
the record, between the parties is as
follows:
The plaintiffs together own and
hold in their lanes for the benefit
of themselves and others, one hun.
dred and forty shares OF stock Of
The Iron City Oil and Gas Company
the plaintiff William Hill owning
thirty eight shares by original pui
chase; and plaintiff james C. Frazer
holding ninety-one shares, w. X.
Given three shares, Leila j. Frazer
two shares, BRYAN Gordon two shares
William Gorden two shares and
Robert K Guy two shares, making
one hundred and two shares which
were acquired in the following man
ner:
On the 18th day OF February,
1902, Charles +. Boehler and Leo
pold Slgwart entered into contract
in writing with James G. Frazier,
trustee, and E M. Grant, manager
of the Union Gas and Water Co., by
which among other things, the said
parties of the first part agreed 10
deliver 10 the parties OF the second
part not less than seventy nor more
than one hundred and Two shares OF
stock in the Iron City & Gas Com
pany at the 2lst day of February,
1902 This was done on the last
day named, James G. Frazer paid
the price and held the shares assign
ed TO the parties as aforesaid.
James G. Frazer claims that when
this contract was entered into it was
understood and agreed between the
parties thereto, that the whole stock
issue of the Company only amount
ed to one hundred and seventy two
shares, and that by his purchase he
and those represented were to have
full control and management of the
company, with the right to reoIgan
ize the same, and that the directors
and stockholders whose stock he
was purchasing were to drop out and
permit new directors to be appoint
ed, nominated by said Frazer, and
thus the affairs of the company we're
to pass to the control of the plant
ifs as representing one hundred and
forty out of one hundred and seven
tv-two shares of stock.
On the Sth day OF March stock
holders meeting was called for
this purpose, as said Frazer sup
posed, when to his surprise the very
stockholders and directors whose
stock he had purchased In good
faith turned up with one hundred
ard seventy eight new shares of
stock issued by them on tina goth
day of February, at the par value Of
500 90, took possession of the meet
ing ard proceeded to organize the
co npany to suit themselves.
Whereupon the plaintiffs with
drew with their one hundred and
forty shares of stock and effected an
organization and made demand for
the books aud assets of the compa-
ny. Being refused this, they filed a
bill in chancery to enforce specific
performance of the contract had
with Beehler and Sigwart, and TO
have the one hundred and seventy
eight shares OF stock cancelled as
issued in fraud OF their righ,s. They
also had a temporary injunction is
sued TO prevent the defendants from
issuing further stock and receiver
appointed TO take charge of the
property ana preserve and manage
it pending the litigation. Plaintiffs
claim is sustained by affidavits fiji
ed.
Defendants David S. Brewer, Her.
bert W. Fleming, Chas Il. Boehler,
Robert D. Barrickman Jos. A