Smyrna times., 1871-06-28

THE BAILEY-DANIELs-W Ls-WHARTONRY LAND
SUT.-Elsewhere we give svnopsis of the
opinion OF Judge Strong in the Clayton land
suit, in which he instructed the jury to return
verdict that Mason Bailey, Dr.. VIM. Daniel
and Mr.. Gilmore, (the tenant on the farm) are
tresspassers; in other words, that Jas. Whar-
tOnby is the lawful owner of the land. This
result was unlocked for; indeed, two wears apo
or more, when the suit was first talked Of #
was looked upon as huge joke by most of our
citizens or the merest vagary on the part of
man or myth. Notwithstanding the title was
not as clear as it might have been, it was not
bad enough to frighten persons much who
wanted to buy. No one knew that the heir or
heirs were still surviving. Mr.. Tibbett. an old
man Of not very strong mind, gave the right of
way to the railroad company in 1872 through
his farm, and also donated additional lands to
the company for depot. This (the railroad)
made his otherwise poor land valuable. and
covetous purchasers became numerous. Some
bought regardless Of the title, but many held
on until the entallment was broken. or sun
posed to be, in 1853. Mr. Tibbett, elated at
his prospective fortune, commenced living fast
and the faster he sold lots the faster he lived.
until ne became involved and died insolvent in
1862. The property, about $50 acres remaining
thentell underth the Sheriff shammer and wassold
shortly after his death by Sheriff Emerson. to
the defendants in the suit, Messrs. Bailey and
Daniels, for about $4,000 Having secured a
certified deed for the farm the purchasers felt
Sc N fhaIr OWnarSbir I Il i
purchased OF " Dickey " in person. Lots were
sold without questioning the title in many in
stances, and Clayton, or Smyrna Depot, as it
was at that time known, thrived apace. Years
passed on and no one coming forward to molest
or make the ClaytOnians afraid what little
bubble had prevailed about the title was lost
sight Of In 1869, when it was announced that
man was claiming Clayton as his inheritance
men smiled and the holders of deeds looked
upon them relianty. But deeds. whether from
sheriff or individual, are now Of no avail and Mr.
NhartOnby takes the lands Of twenty or thirty
would-De possessOrs. together with all the i'm
provements put the same by their industry and
reaolr.cs They have increased the value Of
the estate to 100000 it is estimated, manv
having all thoY arc worth in the propertv
ne names wncrs as far as we can get
them, are as follows: John p Reese, Patrick
Magulre, Cllghman FOxwcll, John w. Thomas
Adams MahoOd, Sam'l Cats, Daniel Thonp-
son, Geo. Whitlock, Thos Lamb, Del r. r.
Co., Mrs. Clifton's heirs, Thos. Buckmaster.
Mrs. Chifins, r. B. Garinan, j. p. Lattomus,
NJ. d ID. X. K. Co., $. j. Garmon, E. Sprr.
ance, NJ. p. Church, &C.
The possessions Of some of these parties arc
worth from $4,000 to $4,000, and from that
to $500. We have given tho names in the
order OF their possessions, as nearly as ossibe.
There are about 200 acres that come into Mr..
Whartonby's possession, which includes all the
the town Of Clayton and the farm of the de-
PENDANTS adjoining. There seems to be no dis
position to take the case to a higher court Of
course all the mortgages and other liens on the
property are now worthless, and the result of
the suit may bring about some strange compli-
cations
There are several rumors concerning Mr..
Whartonby, which we give for what they are
worth. One is that he is worth $4,000 600,
and does not attach much value to the estate
himself, and only desires that his two sisters
shall come into possession Of its revenue lie
IS said to be the president ofa mining company.
Another is that he is comparatively poor and
is anxious to get possession of his estate.
The Democrats of Maine and California have