His failure in business should not of itself count against him, but some of the methods which he employed to extricate himself from his financial embarrassment, were of a most fraudulent and criminal character. July 11, 1836, he applied to Heman Oviatt and others, to become security for him on a note for $6,000 to the Western Reserve Bank. The note was not paid, and the bank got judgment against the makers in May, 1837. August 2d, the judgment debtors gave a joint judgment bond for the amount of the judgment against them, payable in sixty days. The bond not being paid, the bank sued again, and Oviatt had to pay the bank in full. The nature of the wrong done to Mr. Oviatt by Brown is described by Mr. Villard on pages 37 and 38. He relates that at the time of this transaction, Brown had a "penal bond of conveyance," but not the title, for a piece of property known as "Westlands," which he assigned to Oviatt, as collateral for Oviatt's having endorsed the judgment bond to the bank. When the deed to the Westlands property was duly given to Brown, he recorded it, without notifying Oviatt of this action. Later, he mortgaged the property to two men, again without the knowledge of Heman Oviatt. Meanwhile, Daniel G. Gaylord had recovered a judgment against Brown in another transaction, and to satisfy it caused the sale of Westlands by the sheriff. By collusion with Brown, the property was bought in at the sale, by his friend, a former business associate, Amos P. Chamberlain. Oviatt "brought suit to have the sale of Westlands to Chamberlain set aside as fraudulent, but the Supreme Court of Ohio held that Chamberlain had a rightful title, and dismissed the suit. John Brown himself was not directly sued by Oviatt, being, to use a lawyer's term, 'legally safe' throughout the entire transaction.... Even after this lapse of years his action in secretly recording the transfer of the land, and then mortgaging it, bears an unpleasant aspect."[20] Meanwhile, the parties to the fraud upon Oviatt quarreled. Brown refused to give up occupation of the land to Chamberlain; assuming that Chamberlain had not treated him fairly in the matter; and held possession of the property, in "a shanty on the place, by force of arms, until compelled to desist by the sheriff...." Finally, the sheriff arrested Brown and two sons, John and Owen, who were thereupon placed in the Akron jail. Chamberlain, having destroyed the shanty which Brown had occupied, and obtained possession of the land, allowed the case to drop, and Brown and his sons were released.[21] Mr. Sanborn, on page 55, disposes of the matter in this way: