The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-17
DIR. Lyon S
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tice he heard from an outsider that It
had been sold. and a letter to the
clerk OF the court OF Norfolk county
Drought copy Of a deed transferring
the property from w. w Norton
trustee, to Fritz Sitterding and Julia
Morton Marye, the decd not showing
the price though stating that the sale
-, was for cash.
| Under the terms Of the original deed
two Of the three parties to the trust
were to agree on the price before any
| or the lots could be sold. Since r. c.
Morton had died and Mr.. Sands was
not consulted he now claims that the
sale was illegal.
Transferred to Morton's Sister.
MT Sands says he is Informed that
the property was advertised ONLY In
Norfolk papers, his brothers in Rich.
mond, having, therefore, no notice OF
! the sale. and that il was put UP and
! sold by w. ". Morton trustee. for
{. $1,000 to Julia Morton Maryc, sister OF
W. w. Morton, trustee, and Fritz Sit
terdlng. one of the three members Of
lie original agreement The plaintiff
says he Is informed that Mrs. Marye
kne" nothing or the purchase and
transaction IN her name and that he
believes that the transfer was lin
reality for ". w. Morton, who as trus-
| tee was disqualified from becoming
the purchaser, and was In pursuance
OF q fraudulent and Illegal conspiracy
between himself and Fritz Sittcrdine
10 put up the property and sell 1t, and
20 BUY 1t In and thereby deprive your
complainant Of his interest therein"
Dir. Sands charges that w. w. Nor
ton violated his duties as trustee; that
the sale was without authority, and at
less than tho real value OF the prop.
4, erty. and that the trustee had It con-
veyed to his sister. intending TO hold
one-half with said Fritz Stterding"
Mr. Sands charges that the agents
| for the property, ". II. Tricc &: Com
rany. OF Norfolk were not consulted
| or notified OF the sale. and that those
acquainted with the tract were In
ignorance Of the fact of the sale, and
therefore prevented from being bona
| flde bidders.
Charges Fraud and Conspiracy.
MIR. Sands charges a fraudulent plan
and conspiracy on the part Of Morton
and Sitterding. showing a lack OF fair
dealing and good faith required be-
tween partners" that the requirement
| OF all cash at the sale was evidently to
prevent other bidders from coming In
and buying the property; that Julia
Morton Marye and her husband Robert
w. Maryc. were ignorant OF the pro-
posed sale and purchase OF property
hciu Tor her py her brother, In pur
| suance OF tho fraudulent and illegal
conspiracy between himself md Sit
terding."
Mr.. Sands charges in his petition
that in the absence OF any notice TO
himself, or in his illness. 10 his broth
crs who represented him, and in tho
absence of evidence OF fair dealing
and good faith between partners. the
alleged sale amounted to fraudulent
conduct on the part OF said Frit Sit.
terding and w. W. Morton. who is the
real owner of the interest conveyed to
Julia Morton Alarye,' and he further
claims that this fraudulent action
renders the said sale and said deeds
absolutely null and void" and the petit
TONER asks the court to declare them
void. illegal and fraudulent. and to re-
convey the property and order an ac-
counting.
The papers were filed by Willis B.
Smith. who appears for Mr.. Sands.