The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-10-11
Who Claims IL The Property
In Brothers Name
Which Embraces A Large
Quantity Of Real Estate
And Personal Property OF The
Value Of $4,000

One of the most sensational suits
that has been filed in many years in
the common pleas court of Knox coun-
ty was instituted late Saturday aft
ernoon. 1t is, an action brought by
David F. Ewing against John d. Ew-
ing, one of the oldest law firms in Mt
Vernon. The action is brought to dis
solve their partnership, for a settle
ment of partnership business and for
general equitable relief The peti-
tion was filed for the plaintiff by his
attorney, j. b. Graham.
The petition states the following:
Plaintiff and defendants are broth
ers and have been attorneys-at-law
since May, 1876, at which time the
plaintiff was engaged in the practice
at Millersburg and the defendant in
Mt. Vernon. Prior to May 1, 1876
plaintiff and defendant entered into a
verbal agreement to enter into a CO.
partnership which should begin May
l, 1876, and by the terms of which
there was included the practice of
law, the purchase of real estate, the
purchase and sale of perl Jnal proper
ty, and other business they could find
to do which they might believe to be
profitable, and each member of the
firm was to receive one-half of the
proceeds of the business after pay
ment of expenses and losses, If any.
Pursuant to the agreement the plain
tiff moved to Mt. Vernon and the de-
fendant lived with him as a part of
his family and that all expenses for
living should be paid out of the COM
mon fund arising from the proceeds
of their business and that the part
nership should continue during the
lives of the brothers ana that defend
ant should be the manager of the
business. That shortly before May 1,
1876, they made verbal modification
or addition to their agreement, that
the title to all property which might
be purchased by them, both personal
and real, should be placed in the
name of the defendant and all sur
plus money which they might have at
any time should be deposited in the
bank in the name of the defendant.
The plaintiff says that from that
time on up to the present they have
practiced law under the firm name of
d. F. e j. d. Ewing; that they have
bought and sold a large amount of
real estate, bought and collected many
promissory notes under their agree
ment and during the time the plain
tiff only collected and retained of the
proceeds of their business sufficient
amount of money to defray the ex-
penses of maintaining his family
the defendant being the member of
plaintiffs family for the first IL years
of said period having married in 1888,
and established home separate from
that of plaintiff.
Plaintiff says that the earnings and
profits of their firm have been large,
ly in excess of the expenses and costs
of maintaining the families of plain
tiff and defendant, and is represented
by large amount of real estate and
commercial paper, the legal title of
which is in the defendant, and that
all of said property was purchased
with the earnings and profits of the
partnership business and that plaintiff
is the owner of one-half of the same
after the payment of any Indebtedness
against the firm or either member of
the same arising out of the partner
ship.
The petition then sets out a des-
cription of the real estate, the title of
which is in the name of the defendant
and which embraces 351.12 acres in
Clinton township, 1881 acres south of
Mt. Vernon on the Newark road, one
lot in the Playground addition, one lot
in Warden & Browns addition, one
lot in the G. G. G. Cooper Co. addition,
a quarter section except two tracts of
10 acres and s acres in Logan coun-
ty In the state of Oklahoma, and two
lots in Thomas's addition to Mt. Ver-
non.
The petition also says that the de-
fendant has the legal title to personal
property in the form of promissory
notes, a detailed description of which