Page:Federal Reporter, 1st Series, Volume 8.djvu/32

i'^ FBDEBAIi BBFOBTEB. �and fraudaient when inade, and well known by each of them to be so false and fraudaient, and that they were made with intent to deceive and cheat the plaintiffs out of the value of all goods which they might sell the defendant Pierce, less the net value of the farm aforesaid; that, in truth and fact, said farm was then chiefly a marsh, little better than a frog pond, being for a large part of the year under water ; that there waa very little of it under cultivation, and very little of it capa- ble of cultivation, and that it is one of the poorest farms in the county; that it lies six miles by road from Hartford City; that said Sbarpe had not in fact spent over $1,600 in improvements on it, and that principally in construoting a ditch, whioh is wholly inadequate and almost useless in draining said farm; that it was then worth, and is not now and never was worth more than $7,000, and is not good security for more than $5,000, all which the defendants then well knew, but concealed from the plaintiffs and falsely represented as aforesaid; that in fact Sharpe had, on Ootober 1, 1879, already madis a fictitious sale of said farm to Pierce for $25,000, for which Pierce had agreed to give Sharpe bis judgment notes, payable within one year, at 8 per cent, interest, whenever Sharpe should ask for them, all which was fraudulently concealed irom the plaintifif ; that as soon^ as said Pierce had exeouted to the plaintiffs bis mortgage for $15,000, on October 20, 1879, he also imitoediately exeouted and delivered to Sharpe five judgment notes for $5,000 each, due respectivelyin three,- six, seven, eight, and nine motiths, with 8 per cent, interest, as he had previously agreed, all which waS fraudulently concealed from plaintiffs and not known to them until said Sharpe, on Ncweiiiber 15, 1880, caused five judgments to be entered upon said notes by confes- sion in the superior court of Montgomery county, and executions aggregating about $27,000 to be levied upon the stock of goods of Pierce at Lancaster, Ohio; that said stock is not in value exceeding the ainount of said executions, and the ohieJE portions thereof consist of goods bought by said Pierce of the plaintiffs under the false rep- resentations aforesaid; that aS soon as they learned of the fraud aforesaid, viz., on November 24, 1880, they notified the defendant Pierce that the contract of sale and credit in respect to said goods was reiBcinded, tendered to him th© note and mortgage on Slaid farm for cancellation, and offered to cancel and discharge the same, and demanded the return of said goods so sold, or payment for the sarae, which was refused. Wherefore, they domand damages for said deeeit in the sum of $20,455.03, with interest, and for all other proper relief . This petition was duly verified by the oath of one of the plaintiffs, ��� �