Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-10

s,s,nte Of limitations, and the same injustice
apainsl which gentlemen SO eoquenily deciaim,
would occur with this novel Interpolation Of ne
law This section will prevent man rom PEI
fectins his own title by taking ont warrant Oh
his own land Western Virginia has PROGRESSED
aud improved in every Thing under the PIcseh'
laws, and should ue BY this course cripple her
energies, He had confidence in The justice OF
E,s ?rn members, and believed they would not
open The door To The mischief, 10 the West anu
10 the revenue Of the State. The JUNIOR patcnt'
were well defined and were the Only titles "hici,
could be relied upon. They do not come soou
until aler 20 years, and why should we ih'c'i e'e
with the just and proper rights OF lhe Iun'o'
patcntec;
Mr. LANE of Lee said this had been properly
characterized as a Western oyster ques''o".-
He should state the facts, leaving justice 10 ap
| peal 10 Eastern members to settle the question:
1 properIy. MIR. l.. said, if we were iegisa.ins
| for the West as i, was 50 years ago. we uisn'
with some reason apply ihc argument o. the
| gentleman from Logan but Western lana TUES
| have now chaneed-the large grants nave oeen
universally sweep, from existence, and the lana
| titles of the w est are becoming settled. This
| fact removes one of the objections urged by inc
gentleman. Mr. l. argued that the striking out
In. section would not prevent Tom, Dick aud
/ Harry from holding up their conflicting titles :
Again, % much Of tho gcntemans argument as
regards The entering upon the large grants and
the statute Of Limitations, does no, apply; Tor Tue
statute o; limitations is based on another prlnci.
! pie The section is Just, as il allows parties 10
! 90 on as before, but requires themi alter ascel
tanning all the facts on record, &c., to make Inc
! affidavit that they do not believe that the land
| ha, not been previously appropriated
MIR. GOOD.UN asked why we should swear
a man in regard 10 land taxation, while we do
| not REQUIRE il in a horse swapping OF other bar
| gain I
Mr.. LANE explained that the afhdaviI cou'c
not operate haTdly-tor a man IS mol required To-
| make ii, until he is satisfied with all Inc facts o.
the case is object was TO defeat The t!lchins
schemes OF Iand lubbeIs. Mr.. l.. cited case IN
his county Of 5000 acres on which the Clerk Of
he county, as the owners agent, regularly pays
| tie taxes. The lille is perect-ye, this Tract 81
land was covered over with palens by junior
patcniecS, although they were well aware oi the
rue title 10 The land. The requiring The affda-
vi, would cure such an evil, and others 10 which
Mr. l.. alluded. The section should surely br re.
tanned.
Mir DORMAN thought the motion oi MI
| FERGUSON should prevail As Mr.. +. said
/
1888 but had remained The law only Two years
because il had been found 10 WORK inJufousiy.-
The gentleman from Lee had described some OF
his peOpe a. en'crlhS upon lands, The title L"
which, clearly belonged 10 another Mr. =
thought that SUCH persons would not hc deferred
by an oath, from doing ne same Thing. he Ciicd
cases in which, unier This section, dishonest men
might easily take his oath, aud Geiiaud honest
men.
Mr.. PRICE dill not think lhe section very i'm
porlanl, for the mischief had been done years
ago, and il was now like locking the slabc-door
a,ler Inc horse had been stolen-bu sill, ne
should sustain the section, as il might do some
good. whatsoever ob:a ms the Commonwealth
grant, obtains all that The State can GRANTS il
tair, Then, ihaI persons should be allow Ell to
make tneir cniries al i6ilum upon lands which
had already been granted away} Mr.. p. refer
red 10 The past history OF this subject. II Virgil
MIA, instead OF making three or more grants, as
mad been done, had followed The course OF Con
cfesS 10 surveying and selling oul the lands
these mlschieis would not have followed, and
the West would moi now suffer under The coniu-
sion oi titles. Has mol this evil gone On long
enough and should &c not put a stop 10 i, espe-
cialy as the Stale mas grained away al her lands,
and, by allowing junior entries makes herself
parry 10 Inc i;aul2 Nj. p. further enforced The
propliely vi The section, as in no way calculated
10 interfere with honest mer; who should be sat
lsiIei mai thr land belongs u ihc State and can
b. Justly appropriated by her. before he proceed.
10 obiaiD grant. Ia regard 10 forfeited lands,
,ne STATE, unfortunately, in 1892, authorized
these lands 10 be entered, ami the cream OF these
lands was taken up by me junior patenls-and
mere was very I!ulc VI that land unappropraet.
Generally throughout Western Virginia, there
'svefy ln'Ic land OF any kind unappropria ed
Yer. gentlemen propose 70 grant away The lands
although the taxes are regularly pad-and 10
give further convenences tor occupying lands.
under N. slaiuic ~ limitations. The pfcsrp'
law makes seven years occupancy bar 10 an
action III eieclmsnl, and fourteen years bar Ia a
writ OF tight Is not this sufficient rencdy7-
Mr. p referred 10 the difference between the cases
wnere there is a color u title aud where Their. i
no color oil lille. and ne maa i p mere SQUAT.
Ter.
Mr.. GOODSON thought ma, an attidayi,
should not be required III one case and dispens-
ed with in another.
Mr.. GOFF hoped The committee would srike
on, he section, which i radical innovation On
the land laws OF Western Yreinia-a change net
required by h- petitions Of Western or Eastern
Virginia He would much prefer The section re-
ported by The Reyisors, requiring The principa
surveyor Of the county 10 make The affidavit II
we desire &c have the land titles settled lei Us
lcave he laws a. hey are, 10 be decided by The
Courts, aud not pfoiuce neV confusion BY con-
slant ,inkerins with the laws. lie had paii Sc
vera hundred dollars in The land office 10 perfect
he titles oi persons in possession, who c. nuot
trace their titles back 10 the original pa'entees--
and this section wonh enii'le individuals, not
>cfupusous IN making afndasiS, 10 enter uron
these lands ami Dust me fossessoTs, aud wonIt
prevent homes men from reTlec'lns 'hrir TILES
In RandGp, The plan IS to buy The best title they
can get, and "a ee Grant 10 perfect hat title In
reply 10 another objection, Fir. c. salt thar, il
man knowin. Nv enters on another's land the own
y NAV file his cape4t and nave iuslice dnnr
Nr FERGUSON conended that Mcssr.
pucs and L..s, j. aiming a. me same oh,cc,
arrived a, The result by entirely diff.rcn, ,oa3,
N, =. appealed "a The House ~ -, rbs lau,,
alone. The gentleman from Lee had shown ,bat
there were in he county OF Lee men Distances
enough as Ilr. f. regarded III 10 enter mans
and, knowing another to have a gnoi ti,lc
such men, said Mir. F.. will not sickle Al takirr