The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-03
Tm nRAxToN LANp cAaEs.
Some General Information a. 70 what
They area Brief History Or the Pro
eeedinss IN the United States courts.

eeedings IN the United States courts.
WEsToS, W, Va, Novemberl.
EditoH Intolligeacsr
In former Issues OF your paper have
seen short and altogether unsatisfactory
statements concerning the great land suits
affecting the rights Of hundreds Of citizens
Of Bnxtou, Gilmer and other adjacent
counties, which have for some years past
occupied the attention, not only Of the
United States Court but Of the whole peo-
pie OF the State. While these cases have
been much talkedabout, it is tact, never
theless, that the general public know but
little concerning the cases, and hence, with
your permission, propose TO give your
readers fair history Of the proceedings,
which may throw light uponthem which
has never before been given to republic,
Itappears that Richard Smythe obtain
cd patent for twenty 5000 acre tracts, ag-
gregating 100000 acres Of land, from the
Commonwealth Of Virginia, in 1893. The
lands are now situated in Braxton and
Gilmer counties. Smythe afterwards, in
1903, sold said lands to Henry Banks, Sub
seQuently, Banks sold the lands to James
Denny, Denny sold and conveyed the
same to james Hector; and Hector sold to
VIM. Chapman and Guy d. French, They
sold, on the fifth Of July, 1871, to Henry
o. Middleton; and Middleton, in 1865, sold
to o. f. Woods, CrOokshanks, and others,
who are the plaintiffs in the presentsuit
In the suit recently tried at Clarksburg
which resulted in verdict for the de.
fendants-24 OF the 1873 defendants were
put upon trial, viz Elijah Perkins, John
Perkins, Jacob Rifle, Isaac II. Lloyd, Gram
vile Lloyd, n, W. Lloyd, A. T, Ball, ASA
Stump, Hezekiah Stump, Daniel Engle,
Israel Engle, John II, Wyatt, Daniel Boone
Friend, Christian Garwig, Matthias Gar
wig, Frederick Garwig, Jacob Garwig,
Anna Bender, John Bender, Andrew
Bender William Williams, James Cogar,
John NJ, Cogar, and Leonard Hyer. 1
The attorneys stOr the plaintiffs were
Caleb Borgess. ex-Judge John BRnnon
and ex.Judge Birdseye, Of New York.
The defense was represented by Hon. j.
NJ Bennett, ex.Judge Maxwell, Hon, John
j. Davis and Marshall Frame,
In defense the defendants produced In
evidence deed made in 1921, for the sale
OF all the tracts originally conveyed to
Henry Banks from d. Taylor, Collector Of
Internal Revenue tax for the Federal Gov
eminent, imposed by act OF Congress on
lands to raise $8,000,OO0 to pay the debt
created by the war oflSl2, Banks, failing
to pay his taxes, the land was sold by the |
collector, and all the tracts were purchased
by James Williams, whose heirs filed bill |
in the Chancery Court, held at Clarksburg,
to perpetuate the testimony; and Judge |
Henry st. George Tucker, by his decree,
rendered in 1922, declared that the testi. |
mony Of the said Taylor Thomas Richie,
Col. KinCheloe and Mr.. Rider, the assessor
OF said tax, should be perpetuated and
binding upon all concerned. The deed OF
the collector was offered in evidence, to-
gethGr with the record perpetuating the
testimony, but was rejected by the court.
The defendants, failing in this, resisted |
the claim on account Of all the deeds from |
Smythe to Banks and his assignees, were
made in violation Of the law OF "pretense
titles" as no one Of them ever had one
hours actual possession OF any portion Of
the land; and that all Of said deeds were
made before the adoption OF the code OF
1910. The court held, however, that this |
plea was not a bar TO the prosecution OF the
plaintiffs suit
1t was admitted that there was forfeit.
urG Of title in the name OF Smythe, Banks,
Denny, Hector, and Chapman and French;
and that Middleton took the benefit OF the |
forfeiture by the conveyance to him in |
1871 without his having possession. The |
dCiendants-many, and nearly all OF them |
having occupied the land since lS40.'41-
but having failed to defeat the plaintiffs
action on the grounds given above, then
defended upon their adverse possession.
The jury rendered verdict for the de.
PENDANTS, and tho plaintiffs moved the
court to set aside the verdict and grant
them new trial, which motion Judge
Jackson will hear discussed on the 10th Of
December next, and decide. What the
court may do remains 10 be seen. It is
safe to predict, however, that with the
same. evidence, there Is no jury which can
be impanneldd in the State that can DO in.
duCed to change the result OF the recent
trial, for II will not do TO call grey.headed
(now defendants), whose
first settled this land, "sQuatters"
and interlopers after the honest payment,
four years ago, ofthc purchase money for
the land upon which they live. Nor will
the people OF the State allow New York
Spectators to take possession OF thirty-four
school houses-now upon this land-built
by the energy and money Of tho people, in
which to educate their children. On this
land, also, arc four churches built by our
people for the worshipof God, and twenty.
nine grave yards, in which for years past
these unfortunate people have inferred the
saCted remains Of their dead.
Public justice has been fully served by
the verdict OF the jury; but, II Our people,
after long years OF honest toll, are to be
driven from their homes by men who have
no Just claim against them, then let lis look
for speedy end to the prosperity which Is
dawning upon the State. The condition Of
the Irish tenantry Is preferable.
II had forgotten 10 state that noton cent
Of taxes had ever been paid on any Of the
land in controversy Until 1868, by any OF
these pretended claimants; while every
year the actual occupants and owners were
contributing their full share to the support |
OF the government. When the New York |
people did begin to pay taxes, 1t was only
from the time they acquired their pre-
tended title from Middleton, leaving over
$4,000 Of taxes due to the State.
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