The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-08-09
The Constitution. on
Editors Of the Register:

| cultOrs Vi TIC rNcslstci.
Most of the lands in this State have
been, at different times, granted by the
Commonwealth to different persons
The larger tracts surveyed in the earlier
days were generally improperly marked
or described They were for the most
part acquired by nonresident specu
lstors, who failed to pay their taxes or
in anyway assert their claim; so that
after the lapse of few years, the Peo-
pie of the country had no Information
that the lands had been disposed Of by
the Commonwealth or that they were
claimed by any one, but supposed they
were still unappropriated and subject to
entry, survey and grant. With this
belief citizens of the State, in good
faith, purchased warrants and acquired
new grants from the Commonwealth for
parts of the same lands, and in many
cases improved them aud in more paid
the taxes thereon. "a y. s
The result OF these various conflict
ing claims is such confusion that in
many parts of the State it is practically
impossible to ascertain who has the
title to most of the lands, and in all the
difficulty prevails to greater or less
extent. The mischief is such that the
fear Of our titles turns migration from
our borders, and large quantities Of our
fertile lands are left in unproductive
waste, while our honest and industrious
citizens who have purchased small
tracts for improvement. residence and
cultivation and pay the taxes, are sell
dom safe from the claims of distant
owners, of whom they never heard, be.
cause these have not had their names
placed on the land books. Immense
quantities Of lands claimed under the
older titles were, before the formation
of this State, sold for taxes and pur.
chased by the Commonwealth therefor.
The Constitution now in force does not
authorize the transfer Of the titles so
forfeited to citizens Who have purchased
parts OF the same lands and paid the
taxes on them.
Others of such older titles or claims
have been purchased blythe State for
the taxes charged or forfeited for the
failure to have them charged, and so
have been vested in the State
The State, county and township taxes
for the greater period since the forma-
ton Of this State have been 80 enormous,
and consequently unimproved lands
have become 80 little valuable, that the
taxes for a few years have reached in
amount the value Of the lands.
The Commonwealth having sold and
granted such lands to the claimants,
who paid the price demanded and have
paid the taxes. it is eminently just, as
well as manifestly Indispensable to the
quiet of the title, that the State should
transfer her title or claim. acquired in
the manner indicated, to these merito-
rlous claimants.
The new Constitution, il ratified,
transfers the title or claim Of the State
to lands sold for taxes and purchased
by or otherwise forfeited to the Com
monwealth to the following classes in
the following order:
To persons who have had actual and
continuous possession Of the lands under
color or claim Of title for ten years, and
have paid the State taxes on them for
five wears. .n.la sls. ..a
If there be no such person, then to
persons (other than those for whose
default the lands were forfeited) who
have title or claim thereto, regularly
derived under grants from the Common
weslth, which but for the forfeited
title would be valid, and have paid all
State taxes for five. successive years. =
Or if there be no such person, then
to persons (other than those for whose
default the lands were forIeited) who
have claim to and have had actual
possession OF the lands, under color OF
title, for five successive years, and have
paid all State taxes for that period.
When the owner was charged with
the State taxes on the land, in order
that he might pay them, the officers
had the necessary information to
charge, and generally did charge the
county and township taxes and enforce
their payment. The actual payment of
county aud township taxes b not made
| an element in the title, because it would
be very difficult to prove the payment
| in the trial Of q land suit 49,.
Besides the different grants BY the
Commonwealth of. the same lands to
different persona there are many other
causes Of defective titles. Sales are
often made withimperfect conveyances
that do not pass the title as was intend:
ed, 80 that in Law the vender retains
the title that in fact the purchaser paid
for and ought to have. In ways innu-
merable titles are defectively transmits
ted. Generally the parties who have
attempted to confer the titles are not
charged with and do not pay the taxes,