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12 WALSH v. SMYTH.
in with the plaintiffs, represented themselves as the only
owners or persons having any interest in the said lands, when, in
truth, they were concerned with the said John F. Gardner, Free-
man Lewis, John Stanton, Thomas Gilbert, James Clayland, and
William Cox, all of the slate of Georgia, who well knew the insuf-
ficiency of the title to the said lands, and ware concerned as land
speculators, with a view to raise money fraudulently by the sale of
lands for which they could make no good title. That on the 26th
of December, 1795, one hundred and forty-one thousand acres of
lands described in the said plots had been seized and sold for the
sum of seventy-eight dollars of public taxes due to the state, at
the tittle of the sale to these plaintiffs; and that the defendant
William Cox, who now holds the said lands, as purchaser at the
said trie for taxes, refuses to relinquish the same to these plaintiffs
for less than eighteen hundred dollars; and that the said defendant
Smyth has since purchased under sales made by tax collectors, the
whole of the said lands at a price less than two hundred pounds;
and holds and claims the same as his own property.
The bill further states, that the defendant Smyth had argued
agreeably to the act of Assembly unto the defendant Chew, three
of the bonds executed to the plaintiffs for the purchase money, one
conditioned for the payment of five hundred pounds, and the others
for seven hundred and fifty pounds each, who had commenced
suit and obtained judgment on the first mentioned bond, and was
proceeding for the recovery of the others; and endorsed and deli-
vered over unto the defendants Heathcote and Dall, one other of
me said bonds, who had, in the name of the defendant Smith,
commenced suit for their use, and obtained judgment thereon;
and had also endorsed and assigned one other of the said bonds to
At defendant Wikoff, and unto Hugh McCurdy, who endorsed
the same to George Salkeld, who endorsed the sane to the defen-
dants Joseph Anthony & Son, by whom suit had been instituted for
the recovery thereof (*); and the said defendants Smyth, Heathcote
and Dall, Chew, Wikoff and Joseph Anthony & Son, demand payment
and threaten to take out execution; and that the said John Lynch
this life about the year 1796, leaving two children, one of
is dead, an infant without issue; and the other,
whose is unknown, resides in Ireland.
it was prayed that the contract might be get aside,
and the money paid by the plaintiffs to them, that they
agreeably to equity and
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