South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1878-06-28
Important Decision against
West Virginia.


"A case which IS OF great interest
irsugaseat the sac - /: --latest one,
| i s boz dseiaedE fiige Vol. of.he
| O6eut tSitt - orsosarisr1 csunty.
We take tie following, history IF the
case and summary OF thcdecisfon from
the Grcenbrier Independent: -
3 FRO jaa eohents, watch now amour,
10 sosue $40 se00, were rendered inthc
Circuit Court ofIthe. City OF. Richmond,
against L. $. Calwell, rs surety for q
former sheriff, and in favor OF the Com
monwealth of Virginia, ia March 1860,
and were registered or docke.ed in this
county in September, 1860. The legis.
hlatufe of the reorganizcd government
of the State OF Virginia, at Wheeling,
on tho 3rd of Feb, 1865. passed an act
transferring of tie proposed State OF
West Virginia when the Same shalt be.
come one of the United States, al this
States interest IN property. aapad and
uaccileeted ta-ees, .Jiaes, yfeyeitgres. penal
ties and jady0lonts in counties embraced
within the boundaries Of the proposed
State aforesaid, and providing that If Tue
appropriations and transfers Of proper
ty, stocks, and credits provided for 10y
this act take effect, the State of West
Virginia shall duly account for The same
in the settlement hereafter 20 be made
with this State La 1877, Judgment
creditor OF T.. $. Caiwoll instituted .
suit in chanccry 20 inforcc the lien of
his Judgment and subject thcreal estate
OF said CalweI 20 sale. The State of
West Virginia came into this suit, and
was matte q party. upon petition, Gled
an answer asserting her claim TO said
Judgments, by reason OF said transfer,
aud asking that they might be enforced
against said real estate. Indge Holt
decided that % TO this State, tire SAIL
Judgements were not stale or barred !;
that the said act Of transfer was suf-
aeieut to sccompiish the end had in
view by the Legislature OF Virginia
'whieli passed II, but. without deciding
some other points raised, l.eld that tie
State o: West Virginia hadrneYer done
any hing which expressly, or ty impii-
cation, indicated or amounted 70 an ac-
ceptance, OH her part or said transfer
OF property. rfnes, taxes, judgments,
&c, and that. there fore. she was noS.on
titled to the SAID judgments to which
she was asserting 3 claim in said suit,
and that tile sail actof the Legislature
of Virginia was iqoperative by reason
OF such on-acceptancc. I'VE under
stand there area great many claims al!
over The State, TO which the title cf
West Virginia rests upon the same act
of transfer, anil which have been FOR
some time. and ere still being prose-
cu;cd by an agent appointed by the
State authorities for tho purpose. and
in which tie question thus decided in
CHS case must arise. We. therefore.
publish the decision for theinfotmation
OF all who may be interested or con-
cerncd. 80 go
T. s. Since the above was written,
we learn that the case in Which the de-
eision was made, was not fully matured
for hearing at this term, and therefore.
the decree directed and prepared was
not entered, but the decision was made
and announced rs we have stated ii a
boye."
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FrsS 4 ,-r.,t,or r,--,or po,no1 III; IL