Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-05-08
Correspondence Cincinnati Commercial.
Heavy Land Suit.
CHARLEsTowN, West Va,

The United States District Court for the
District of West Virginia is in session
here. Judge Jackson presiding, and is now
engaged in the heaviest land suit that ever
appeared on the records of the State. It
is the suit of the Hon. ex-senator Morrill,,
of Maine, as the representative of the
North American Land Company Us. Arm
strong ct al. Large tracts of land, amount
ing to over 4O0,O acres, were granted to
few individuals from the Com wealth
of Virginia as early as 1856, all of which
was located west of the mountains. In
1895 the North American Land Company
was organized in Philadelphia, with Robert
Morris as its president, into which associa-
ton over 5000, COO acres of land were put
for disposal. One of the tracts put into
the company was tract from Virginia to
Albert Gallatin and others, which had been
patented in 1856, for 225, 900 acres. Soon
after the formation of the company they,
by their president, Robert Morris, trans
ferred all the lands of their Association to
three trustees-Thomas Willing. the presi-
dent of the Bank of the United States ;
John Nixon, president of the Bank of
North America and John Barclay, presi-
dent of the Bank of Pennsylvania. This
was in 1895. This transfer to these three
parties was in trust for the benefit of the
or resignation of either of them the title
was to vest in the survivor. Thomas Will
ling resigned in 1876, year after he was
appointed. John Nixon died in 1903,
leaving John Barclay the remaining trus-
tee The latter dying in 1916, his heirs
conveyed these vast possessions to two
parties-Benjamin Dundess and James
Kugler-in trust for the benefit of the
company. The latter parties allowed the
lands to become forfeited to the State in
1882 but in 1914 the Legislature. at Rich
mond, passed an act for their relief, allow
ing them to redeem the property by the
payment of back taxes. The taxes were
paid, and the State conveyed the property
to Dundess and Kugler, by special enact
ment, perfecting the title. In 1854 the
property was purchased by Governor
4Iorrill, of Maine, and in 1857 he insti-
tUted suit for It's recovery, it having been
claimed and occupied by other parties
since 1884.
Now, to go bac! to the beginning of the
defence. After the grant to the original
patentees, spoken O above, who were
Albert Gallatin, Robert Morris, James
Greenleaf. and john Nicholson, the Com
monwoalth granted patent to another
party, one Hopkins, for 2OO, 900 acres and,
MS the plaintiff alleges, Hopkins, in laying
his warrant, SO laid it as to cover some
90, 900 acres that had been covered by the
grant to the other party.
Tho present holders derive thcir title
from The Hopkins patent, though the
has passed through third or
fourth hands. The suit at present is only
for small tract. though it will decide the
ownership of some $4,000 acres, lying
mainly i'll the Mill Creek valley, in Jack
SOL county. The land is valuable, and
comprises some of the best farms in the
State, as we'll as some of the finest mineral
sections in the country, it being all under
laid with coal and iron ore.
Governor Morrill, is here, and is con-
Quoting his suit in person, assisted by the
Democratic would be Governor of Maine,
Hon. E. F. Pillsbuyy, Judge Camden,
Judge Lee, Judge Edmondson, and Col.
latter four gentlemen being
West Virginians. The defence is con-
Quoted by Col. Benjamin T. Smith, Col.
Parker, and Hon. S. 4. Miller also of this
State.
If the case is decided for the plaintiff it
Will unseat a great many farmers who have
been living in fancied security for third
Of a century.
understand that Governor Morrill,, if
successful, intends to commence develop
ing the natural resources of this vast
region as soon as practicable.
The people here are beginning to talk of
the Chesapeake and Ohio railroad strongly;
though think if they should happen to
get road opened through the hills of the
sea, and an engine should come whistling
down one of their ravines, a majority of
the inhabitants would take it for granted
that it was the Angel Gabriel with his big
horn, though they would be too lazy to
go out to see. G. W. s.