Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1858-12-01


cree of Circuit Court Of Bedford. Argued on ye.-
terday by Z. c. Burks. ESQ.,, for appellants, and
James F. johnson, ESQ, for appellee, and submit
ted
Burton vs. Adams L Wilkerson-S upersedeas
to judgment of Circuit Court, Lynchlurg. Ar
gned bv Mai James Garland for appellants, and
continued until to-day for further argument.
FREIGHT TRADE-Therc were received at the de-
pot of the Va. 4 Tenn. Railroad, on yesterday Is
loaded cars, consisting Of l.2l6 bushels of Wheat,
3ii barrels Of Flour. s., 900 pounds Of Miscel-
laneous. IL loaded cars sent West the same day.
IMPORTANT Law SuITs.-During tho last fort
night the Circuit Court Of Kanawhn county,
Judge David McCarmns presiding. has been occu-
pied, chiefly, with the following suits in chancery
Emile Charles Dumas, complts rs. D'lluc dcru
Mosignon ct ais. defts.
Emile Dumas and Josiah Randall, ct ais. complts
u.s. Edward Lacouture, ct als deft.
Edward Lacouture, compt rs Josiah Randall, ct
MS. deft.
These three suits came on together, and the ar
gument was commenced on Wednesday fortnight
by Josiah Randall, Esq. Of Philadelphia. The
celebrated" Swan lands" constituted the sub
matter in controversy.
1t appears that in the year 1881, Col James
Swan, Of Boston, died in Paris, France, seized and
possessed of very large tracts Of land lying and
situate in the Counties Of Randolph. Harrison,
Wood, Kanawha, Greenbricr, Bath. Tyler, Logan,
Bunne, and other Counties West of the Allegheny
Mountains in Virginia. That these tracts, in the
aggregate. contain upwards Of ro miili0as Of acres
of land. That after the death Of COL Swan. the Sc
lands became forfeited to the Commonwealth, for
non-payment Of taxes, amounting to some $4,000.
In the year 1893, it was made known to the Gene
raj Assembly Of Virgins, that Col Swan had rem
dered service to tho United States, in Revou-
tionary struggles with Great Britain, and had be-
come indebted, in large sums Of money, to officers
in the French army. his old companions in arms.
and had. in his last Will. directed that his large
landed Estate in Virginia should he sold to pay
his creditors the money thus borrowed. These
facts being made known, the Leg islature ofNir-
ginin, very generously and magnanimonsly, on
the 18th March. 1888, passed an Act, conveying
all of the lands forfeited to the State, as before
mentioned, to one John Peter Dumas, IN trust, for
the benefit of tho creditors of James swan, which
creditors were mostly Frenchmen, residing in
France.
The trustee, Dumas, had the power Of selling
any or all OF these lands And in the years l84l,
1912, l843, 1874, and ls45, John p Dumas. and
Mr.. Schmit Thornfeld, Ia Swedish member Of the
Embassy of the French Court, made various deeds
and contracts about these lands. By the agree
ment of l845, Schmit Thornfeld. was to pay two
millions of francs for the lands. and was to make
his first payment on the 3lst December, ISL
John p. Dumas, however, died before the 3lst
December. 1877. After this, Charles Dumas, and
likewise Emile Dumas, sons of of John P. Dumas,
were appointed, by the French Courts, Curators
of the Swan Estate.
On the 18th February, 1852, Schmit Thornfeld
assigned all his right, title, and interest in the
Swan lands to Edward Lacouture. In the mean
time. negotiations were commenced between the
Messrs. Dumas, (sons Of John p. Dumas rs Cur
ators of the Swan Estate, and Josiah Randall Esq.
And in August, 1882 Mr.. Randall effected an
agreement with the Messrs. Dumas whereby they
agreed to give him one half If the Swan lands, Tor
his services in securing the other half to the cred
tors of Col. Swan. Several of the creditors, after
wards. confirmed and ratified the agreements made
by Charles and Emile Dumas. with Mr.. Randall.
In june, 1855, Mr.. Randall was appointed by
the Kanawha Circuit Court, Trustee Of the Swan
lands, and vested with all the power the legsla-
ture had conferred in 1888, on John Peter Dumas.
At the present time Mr.. Randall's acc trustee
against tho Swan Estate for money expended,
amount to $4,000.
Here we will add that Mr. Lacouture, after ac-
quiring Mr.. Thornfelds rights to the Swan lands,
claims to have become the purchaser and assignee
Of all the Bonds, Promissory notes, Bile of Ex-
change and other evidences Of debt held Try tho
known French creditors of Col. James Swan. in
Guiding those WIN had contracted with MIR. Kan
dali.
Maupertuis coming in, and claiming to be the
owner and purchaser 800 900 acres Of these Swan
lands, lying and being chiefly in Logan County,
which said tract. he (Maupertuis,) had purchased
of John P. Dumas, and Schmit Thornfeld, and
also claiming liens on the Swan lands, Ivy reason
of debts against ThOrnield and john p. Dumas,
and contending that ThornteId was Bankrupt
when Lacouture contracted with him.
This tripartite suit was argued deliberately and at
great langth, by counsel on each side. Josiah
Randall, Esq, and Col. Benz. II. Smith. appear
ed and argued for Josiah Randall, Trustee.
Messrs. Thomas L. Broun & George S. Patton,
for Edward Lacouturc, and Judge Summers for
Mr.. Maupertut.
The trial of these suite has elected much inter.
est in the community. The arguments of counsel
were chiefly on the various contracts before men
toned. Both Lacouture and Maupertuis conten-
del for the removal Of Mr.. Randall from the trus-
teeship and resisted his claims on the Swan Es-
tate. Both Lncouture and Randall resisted tho
claims Of Maupertuis, and Randall and Mauper-
tus in turn, resisted the claims Of Lacouture on
the Swan lands. Many very important princi-
ples of law argued. principles Of information
al law, DEGREES Of French Courts and questions
about jurisdiction. Many interesting facts con-
nected with the history Of the well known Swan
lands together with the progress Of the Franco
Allemande Society, and the Franco-V Virginia Steam
Ship Company, were freely discussed, and added
TO the interest Of the suit, and tie arguments of
Counsel.
On Friday last. the arguments were concluded
and the huge mass Of papers, in French and Eng
fish together with the written arguments of Sgd
ney Baxter and Joseph Mayo. Esqs., of E. Lacou-
ture, and Of Messrs. Broun & Patton, and also
the printad arguments of Josiah Randall Esn