The defendant also flled a cross-bill seeking an accouuting as between bimself and the complainants respecting the land and their dealings in connection therewith and certain affirmative relief. The case was removed from the state court, where the bill was orlginally flled, and after its removal the federal Circuit Court was referred a special master take the testimony, who was also empowered examine the evidence and make iindings fact.
The master subsequently tiled a report, in which found adversely the complainants as respects ail the charges fraud and forgery. Exceptions having been filed this report, the Circuit Court reversed the flndlngs the master, holding that the deed in question had been obtained fraudulently and deceitfully, and in accordance wlth that flnding canceled and annulled the conveyance.
The case before this court an appeal taken the defendant from such deeree. after stating the case as above, delivered The allegation which contained in the bill that the signatures of the complainants the deed date April, which professional writing company the complainants seek have canceled, were forged that say, that they were written the defendant himself, or some one else whom had caused or procured write them, without the knowledge or consent essays writing services the complainants may ignored, since the complainants, in the course the trial, practically admitted that the deed bore their genuine signatures when was exhibited them, although they professed ignorance as the manner in which their signatures had been obtained, and also stoutly denied that they had ever consciously signed the deed in question buy cheap essay intending convey to the defendant a two-thirds interest in the land in controversy. Both the complainants gave evidence tending show that one occasion, or about March, at the request the defendant, they had appended their names an instrument which they could give no better description than that was a blank paper that had some printed matter something uk dissertation in the form a deed or something like that, the size that paper there indicating the deed of April.
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According their statements respecting this incident, they went the defendant s office in Atchison, or about March, execute a deed trust the land in question secure the payment a note in the sum, which was given an Insurance company for money borrowed purchase the land from the former owner. After the deed trust was signed, the defendant said according essay proofreading service the complainants testimony Here, just sign this paper, and where to buy term papers online I ean flU out afterwards. You can dinner.
This does not amount much anyhow, and I can flll it ont afterwards.
And signed ttie paper, and started out his office door, and went out with and took a paper In his hand. I don't know what paper It was. And carried in, and turned the left, and stopped at an office there Mr. Solomon's office and corne out, and went dowii the elevator together, and wife and went dinner a restaurant, and I don't think went back in the office that evening. We went home. The theory the complainants, account for their signatures to the deed April, appears that this blank paper which they claim have signed the occasion in question application essay help without examination, and the strength the foregoing representation, was in fact the deed date April, which they seek have canceled, and that was subsequently filled out the defendant, and a certificate acknowledgment appended thereto the notary at the defendant's request, with intent the defendant's part defraud them. The charge that their signatures were forged being abandoned, and the fact being admitted that the deed bears their genuine signatures, there no evidence in the record, far as we can discover, that their signatures the deed were obtained through any trick or artifice a fraudulent character unless that on or about the date last mentioned the defendant did obtain their signatures a blank deed in the manner last described with intent to This, then, would seem the principal question fact in the case Were the signatures the complainants obtained a blank instrument in virtue a representation that was no consequence, or words that efïect? Unless this question answered in the affirmative, would seeiti that the genuine character the deed has not been impeached, and that cannot annuUed in virtue of any the averments which are contained in the bill. Before considering this issue fact, deemed advisable state some generai facts and circumstances, concerning which there no controversy, which will college essay writer serve show the pay someone to write paper situation and relation the parties each other at and previous March.
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The land in controversy originally belonged and the title was vested in persons who resided in the state Indiana. Russell rented the land from the owners for agricultural purposes, and continued reside as a tenant from that time forward until and thereafter until this action was brought. On or about August, entered into an agreement with the owners the land for its purchase at the price, in the aggregate, or at the rate per acre. Of this sum was paid in cash, and the balance in five equal annual installments, that were secured a mortgage the land. There was some delay in carrying out the agreement, and before the contract sale was executed the delivery the deed Russell negotiated a sale the land one Smith at the price per acre. This agreement with Smith appears have been made in the month November.
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