Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-21
JOLLY'S ISLAND.
An Eighteen Year OLD Law Suit De-
cided by the Supreme COurt.

An Eighteen Year OLD law Suit De.
cided by the Supreme Court.
From the Knoxville Press and Herald, Dec. 10.
The Supreme Court ON yesterday de-
hvered an opinion in case which has
long excited great interest in this end
of the Stesa We refer, of course, to
the famous "Jolly's Island case" as it
is Familiarity known to the legal profess
sion For the benefit Of our readers,
we lay before them a brief outline Of
this important lawsuit from its incep-
ton.
1t was instituted as far back as June,
1856, in the Circuit Court of Meigs
county, by the heirs of Thomas Hop
kins against Thomas Il. Galloway,
former President Of the East Tennes-
see, Virginia and Georgia Railroad
Company, by the law. firm of Caldwell
& Jarnagin. We understand that the
first step taken in the cause was by AL
fred Caldwell, Esq, senior member of
the firm of Caldwell G. Washington,
and it seems he has lived to be ''in at
the death" We need hardly add, in
this connection, that the suit was
brought for the recovery of "Jolly's Is
land"
In 1858, bill was filed in the Chan
Gerry Court at Athens, in 'aid'' Of the
suit at law, by Caldwell & Jarnagin.
In this suit about five hundred pages
of testimony was taken. The bill,
however, was dismissed by the Chan
cellor, and an appeal taken to the Su-
preme Court by Hopkins heirs. In
1869 the Supreme Court affirmed the
decree of the Chancellor, dismissing
the bills as to Galloway, and renting
the parties as to their remedies at law.
In 1871 there was trial before jury
of McMinn county, whittier the cause
had been removed, and a. verdict rem
dered for Hopkins heirs. The other
side appealed to the Supreme Court
where the Judgment of the Circuit
Court was reversed, and new trial
ordered. Accordingly, in 1873, another
trial was had, and again a verdict was
returned for Hopkins heirs. The case
again came to the Supreme Court,
wherein the Judgment has been affirm
ed at its present term, as already an
nounced. BY this Judgment, the plain
tiffs Hopkins heirs recover about "a
per cent. of the entire Island. Gallo
ways heirs being in possession, hold
the residue by statute of limitations,
all the Hopkins heirs not being before
the court.
The island is supposed to be worth
from $4,000 to $4,000 The rents on
the portion recovered will increase this
from SIS, 900 to S25, 000 The proof in
the case showed that Hopkins and
those under whom he claimed, held
possession of the island from 1919 to
1850, when Galloway obtained posses
sion. The recovery was obtained upon
the legal presumption of grant from
the State. The opinion of the Chief
Justice is spoken of as an exceedingly
able and elaborate one.
Since its inception some of the most
eminent legal talent Of the State has
been calledinto requisition. Galloway
heirs have at various times been repre-
scented by such men as the lamented L.
A. R. Nelson, deceased, Thos. c. Lyon,
Col. j. B. Cooke, Hons. Robert Barton
and John C. Gaut, and Jesse H. Gaut,
Esq, and Levi Trewitt, deceased. The
Hopkins sheirs were represented by A.
Caldwell, Esq, and Col. John Baxter,
the latter of whom has been in the case
since 1860. Mr. Washington did not
appear in the case.
Altogether it was Jolly fight, " and
doubtless "Jolly's Island will ere long
be the scene of a grand jollification by
the now jolly heirs of Thos. Hopkins.