The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-11-20
OUR LAWS.


|
some Reficctions-S Suggested BY the Yer.
diet I'm the U. n. District Court Last
week. ,ia N
Correspondence OF the ClsrksbuB New&
1t Is becoming matter OF grave import
ancc to the people of many of the coun,
ties OF this State to know whether they
have any title to the lands which they
have hitherto been. claiming and regarding
as their own. TsTi rl 80"
This is particularly the case in view Of
the verdict in the action Of Woods against
Armintrout and others tried in the United
States District Court at this place last week.
By verdict in this case,a verdict to Which
the jury was driven by the repeated in
structions Of the Judge presiding at the
trial, some Of the best citizens Of Gilmer
and Braxton counties will, il new trial
be not granted, he driven from the pos
session OF the lands TO which they and
their legal advisers, some OF them among
the best land lawyers in the State, thought
the title beyond question. Some OF the
defendants had held possession OF their
lands under paper title for more than
twenty years before suit was
brought-the Statute of limitations
only requiring, with the time excepted
during the war, thirteen years, ten months
and fourteen days. The verdict was rem.
dered upon what We claim was forced
construction OF the acts OF the party, Hem
ry 0. Middleton, under whom the plain
titIs claim. It was not shown that Mid:
dleton ever had any actual possession Of
the land embraced in his deed-some iii
ty-siS thousand acres. All that he was
ever shown to have done was to sell a few
small parcels to different persons, who
took possession OF them BY distinct metes
and bounds, thing which the court nd
mitted did not constitute possession out
side the lines OF the whole survey. Yet
without any other evidence rs to any acts
OF possession by Middleton, the court in
structed the jury in such way as to i'll.
duce them 10 believe that these acts OF
Middleton amounted to adverse posses
sion and confined the defendants to their
actual enclosures or improvements. Such
a construction or rather application OF the
doctrine OF adverse possession was never
before heard in our courts, and II such Is
10 be the ruling, 1t is high time that the
Legislature OF this State should interfere.
Judge Baldwin held in the leading case OF
Tayior's devisees vs.. Burnside, that the
possession Of the Junior patcntec in case
where the senior patenteewas not in poss-
ession when the Junior entered into poss.
ession, which was the fact In the case tried
last week, was an custer to the senior
patentee to the whSle extent of the land
claimed by tho Junior patcntce. This is
maniiestly Just, and II should be
the rule even when the senior pat
entcc is in possession OF part OF his
land outside the claim OF the junior gran
tee when the latter enters, for the plain
reason that ifhe who has the better title
stands by and permits another to enter
upon bis land and take and hold posses
sion for the time required by the statute
Of limitations 10 ripcn the possession Of
such other into title, The ought not to
complain; he has simply stood by and
permitted that for which he had ample
legal remedy. 1t has been the policy Of
legislation for years to protect the actual
settler. the man who tries 10 improve the
country by telling the forest aud digging
the soil, and Judge Baldwin's ruling in
the case mentioned, together with the
shortening BY the Legislature from time
10 time OF the statute OF limitations have
greatly conduced to attain that desirable
end. But as tho Federal Court seems dis
posed to disregard these wholesome safe
guards, and rather to favor the claimants
81 large tracts OF land rs against the occu!
piers Of the soil, some other power must
be looked to to protect the more mcritori'
Gus holder.
The Legislature should without delay
pass an act declaring that the possession o.
A Junior claimant shall work an custer Oh
the possession ofa senior claimant to the
whole extent OF the land for which the
Junior has color OF title, unless the senior
has actual possession OF some part. oil the
land embraced by the claim OF the junior,
and Ii necessary shorten tho statute, OF
limitation to five or seven years, heginning
saw twelve months after the passage OF tho
act In view of the fact that suits are
pending In tho Federal Court OF this dis
trict for large bodies Of land lying In tho
counties OF Upshur, Barbour, Randolph
and Braxton, by which large numbers oil
the citizens OF these counties are threat
ened with the loss OF their homes and fire.
sides, and in view Of the further fact that
the leaning OF the Court seems to be IN
favor Of the plaintiffs in such cases, 1t Is
time that something should be done by
tie Legislature TO arrest the threatened
evil. 80 far at least as can bedonc, and that
1this little State OF West Virginia, y to use
the swell language INDUCED in by federal
Judges when thoy seek TO compare their
exalted powers with those possessed by
the people Of this State, should make It
known that she can do some things that
even federal judges have to obey.