The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-11-26

Aforesaid unauthorized survey 10 pro
cure land warrants sufficient L
cover the whole Of the Rount
Bottom, (1,200 or 1900 acresl hul
being only enabled to procure
6S7 acres Of warrants he ffaaiduleatly con
eealed he fact hai HE boundaries embrace,
200 or 1900 acres, hut had the area sta
ted so as 10 correspond with his auantil,
Of warrants, via 6s7 acres. That IN
grant to the said Washington could moi
be available 10 pass 10 him said lane
seemed 10 have been established BY and
In fact acquieSced in by said Washington
after the decision Of the cayeat, prosecn
ted by the said Washington 10 prevent :
patent from issuing 10 the deyiHees Of
said Michael CfeSap. II seema 10 your
orator, ~ an inference fully warranted BY
the circumstances, that the dismissal Of
the cayeat resulted from the conviction
that the grant 10 the said Washington
could not impair the equitable or legal
claim Of the cayeatees 10 the land foI
which they were endeayoring to OBJ,
tain a grant.
Your orator also begs leave to show
that after he had been for o long time In
the peaceable possession Of the land de-
rived BY him as Aforesaid from the said
Luther Martin and the other patentees,
or those holding under them, and NOT
suspecting an attempt would ever be
again made 10 asvert the claim Of
the said Washington, one Archi-
bald Mclean, under the authority
oil Conveyance from the said Washing.
ton, finding the said land unoccupied, en-.
tered into the possession thereof against
the VIII Of your orator, and continues In
such possession, and ayailing himself Of
his having the oldest grant for the land,
threatens TO retain the possession to the
exclusion Of your orators right thereto:
Notwithstanding he, the said Mel can, had
full notice at the time OF his contract
with the said Washington, Of the nature
Of your orators claims thereto, and has
since sold, or In some manner disposed Of
part OF said land 10 one Jonathan Ro.
bertB, who had also full notice Of all the
circumstances connected with tho claim
Of your orator.
Your orator further states that he Ia
advised, and 40 relies for the confrma.
ton and establishment Of his title to the
Aforesaid 400 acres Of land, granted TO
the said Luther Martin and others, that
the grant to the said Washington, from he
fraud by Ghieh i EGS obtained, Is void so
far as 1t regards the part covered by your
orators claim. That the prosecution and
decision OF the caveat prosecuted as afore.
said by the said Washington il judicial
recognition by competent tribunal Of
the validity Of your orators claim thereto.
Or ii 1t should be alleged that il was
the duty Of those claiming under your
orators father TO have cayeated the isau.
ing Of grant 10 said Washington, a sat
isfactory answer would be found in the
fact that your orators father died before
the grant was Issued 10 said Washington,
and that his heirs we're infants at that
time, and that on February "a, 1874, they
caused survey to be made OF their land,
and on April ., 1884, before the grant 10
said Washington was Issued, the plat and
certificate Of survey was returned 10 the
Registers Office, the money paid and a
grant applied for. A further excuse for
not caveating the grant to the said Wash
idgton ia in the history Of the country
the revolutionary war having Just Ter.
minated, the scarcity Of money and the
dangers and difficulties in travelling
from the western part Of the State 10
Richmond, all tended to throw impedi.
ments in the way Of the actual settler OF
the frontier in perfecting his title TO
lands he was invited to settle and which
was accomplished at so much peril.
Your orator further begs to remark rs
a reason for his failure to assert Judicial.
ly his right to the said land before the
present period, that he was advised that
the grant to the said Washington was
void in law from the fact appearing upon
It's face; that the warrants were dated
subsequent 10 the survey and suit at
law having been instituted by Joseph
Tomllnson, who claimed a part of
the land covered by the grant
to the said Washington in which
the question, as 10 what would he the
legal question ofSaid grant would be de.
cided, and after pending long time it
was at length determined in the Court Of
;nRfI.;a' a aeSet"hs 'ne luasIehI Oh t.e
n."nt ~ ~ .ou a, 'naS i aoIuogea Tue salu
1nr,sd " " E ~ Anu M q .Ie SS%e case re-.
Hi bor0d notw;,L SiolI aG9r oia.or
,hat SoyJ a .ysn'1 MaT sAiu 9eGIsioh
,bSn I P"ho a.V ,no,,I McLe1n anu Soha'
iso;d I.sJ NV "oI.u su .;It pVs'ession
"n Su aSau' III lucy sun fetuse - 10 So
,;"n y. oa Iasof iesol1 " tns in'eEpoel'
w" Vi "''uf' ol equi'y anu ptaSs' etc
psro,,,,on ot I,.o,h T,r,,n,or ,..., hoto.. 7,
FIlzhGsh, ConanlOner for Ohio Coanty, s iat u
HEy Q, 1873
Joseph Iomllnson being sworn says
mat ne re-. came 70 Ohio county about the
year ~, In me month Of March, with
TWO o. me- oroIhers to search Tor places
On sne ohlo river where ne might estab'
ilsn setuements ior his lalhers family.
IN Ine spring OIL W. he made improve
u menus on Tue grave Oreek hatS, and pro
eeeaea Gown tue river 70 the Round Bot;
ION, ana nnaing no cialm on that land
nc aho nus brothers made several i'm
Rtosemen9S aionS the river panS. From
.nI' plare ne went op down Inc river,
ahu some pace between there and the
inoIt G Of I 1ne Llt1le hanawha ne ieil in
W. Mi'n Vol. mIllam crawford, VINO was on
nis way Win several persons IN MS n