The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-06-25
T H E rs.
A 1elic OF the Late Rebellion-A Claim Agent in
Troubls-The Case Of Baron Donnelly-A Dis
agreeing Jury Discharged in Consequence
OF the Heat-A Caution to Depositors
In Savings Banks-Sentences in the
Court Of General Sessions
uhl1En STATES DISTRICT cuuar.
"A Relic Of tho Rebeiiion-Decision in th
Kannwhn Coal Company Cnse.
Before Judge Blatchford.


Kannwhn Coal Company Cnse.
Before Judge Blatchford.
The Kona,oha Coal Company u.s. the Kand,cha
and ONO Coal CoDapany.-This Is q bill In equity
filed by the Kanawha Coal Company, corporation
created 10y the State OF Virginia, against the Kama.
VIVA and Ohio Coal Company, corporation created
by the State OF New York. One William II. Edwards
is named defendant IN the bill. and the subsan-
tal prayer Of the bill is that the plaintiffs may he let
In TO redeem certain tracts OF land now situated In
the new state OF West Virginia. which are alleged to
be subject to deed OF trust, in the nature OF q
mortgage in which the defendants the sole bene-
ncarios eauitaby interested. on the lst OF October
1854, William II. Edwards and his wife conveyed by
Philip 7. cambridge and Robert NJ. 7. Hunter de-
scfbed a. ''al OF virginia" four tracts OF land IN
ls SSpy sn ma on asd Isl
ter without Dandrldge conveyed the same tracts OF
land 20 James ). Hansford and Isaac N. Smith as
bonds. amounting TO $34,0Oo given for the land
The kanawlla Coal Company was Incorporated by
years. On January l, 1855, Thompson, Maury Hun
ter ana cambridge conveyed to the plaintiffs three
Of four TRACTS Of and ans me one to
man. Another act was subsequently passed by the
Virginia Legislature allowing the parties to hold
pany to ffty years. On the 9TH OF July Coleman,
Morris and Coleman conveyed the fourth tract to the
contained acres ana all the OCnerS
only 5000 acres One OF the provisions OF the char
ter Of the company was that the suspension OF their
rights aud privileges for ten years should operate
as q forfeiture OF their rights, and they have
not worked the mines since 1858, although they
had possession up to 1861. The payments OF the
but defect IN the title being discovered, they
fused to pay further till the defect was made good.
Edwards trustees then advertised the property for
sale. On tue 10th OF November, 1867, cambridge,
Thompson, Hunter and Maury filed a bill in equity
IN the Kftlawha Circuit Court against edwards and
eleven others, claiming One-thlld Of the land In.
functions were issued and subsequently dissolved,
and the Court ordered that $1,000, the amount real
lied from certain property OF Edwards, be paid into
court. In 1852 the county OF kanawha became
State was in rebellion, and by it's constitution,
1t was enacted that all the laws OF the old State,
NOT repugngnt should remain. On December Is,
1868. on an affidavit that cambridge Hunter,
Maury and Thompson were engaged 10 the
rebellion, the Court appointed one William j.
Rand to act as trustee in their place,
ana the property was sold February rs, 1854, ana
bought by Edwards for 800 00052,SSl 40 being still
due to Edwards on the bond. On the LIST OF April,
1854, Thompsons bill in the Circuit Court was dis
veyed the property the defendant In this suit who
paid therefor 900 In the stock Of the company
The bull states, and the answer admits, that Thomp.
son, Maury, cambridge and Hunter were IN the ter
rit0ry Or the Confederate states during the rebel
lion.
the Court, In reviewing this extraordinary COM
plicati0n Of facts-which covers sixty pages In his
H0nOrs handwriting holds the deed from Rand
d Smith to Edwards, ana from Edwards to the
defendants to be null and void as against the plain
that the defendants have lien on the estate as the
owners Of the debt for which tile trust deed was
given, and that the plaintiff shall pay that debt, TO
compute which an order of-reierence Is entered.