Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-03-14

hollow, and the proposition vas made to
cut into it and take long chip or aechon
of it on the side the marks would be-h II
was the tree-and in this way settle the
matter. A staging was built around the
tree and q scarf cut in some six or eight
feet above the ground, and another down
close to the roots, and the piece between
them was then split off. On the inside OF
this was found distinctly traced the three
notchesof the surveyors axe and the letters
CIV
where they were originally made and had
been overgrown by the new wood OF the
tree. This was taken into court and ad-
mitted as evidence and, of course, decided
the dispute as to which was the original
boundary.
Another, and somewhat novel case,
involving trouble in regard to original
grants OF land in West Virginia occurred
some eight or ten years ago. 1t appears
that Messrs. Low & Aspinwall, we'll
known bankers of New York, acquired by
purchase q tract Of some 100000 or 10000
acres of land, lying in portions OF Wayne,
Logan, Lincoln and Boone counties in that
State. An idea of
Jhe Extent Of this Tract.
may be given when il IS told that its north
ern boundary has a length Of forty miles.
The tract was acquired by the New York
bankers in 1872 or 1873, and was known rs
the Smith survey, from the circumstance
that it was first acquired by Gen. Smith, OF
the revolutionary army who was, however,
q resident of Baltimore. Nd. 1t appears
that shortly after the close of the reyolu-
tiopary war, Gen. Smith acquired title to
this tract of land from the Legislature Of
Virginia, paying for the same in govern
ment scrip. He seems, however, to have
done nothing with the land, which was
finally taken by the State for non payment
of taxes. After Gen. Smiths death his
heirs made an appeal to the Legislature Of
Virginia for q restoration Of the land, and
an enabling act to that end was passed in
their behalf. But the heirs, In their turn,
neglected to pay taxes on the land, and the
State again took the land for nonpayment
Of taxes. After coming into
possession OF the State second
time-this was in the early part OF the pres
ent century-Settlers began TO pour into
that section of the State, which was heavily
timbered with white oak, poplar cherry,
walnut, ash hickory, and other valuable
woods, and required great deal of labor 10
clear it, Ii was however, good land, and
people took up choice lots, getting their
titles TO their holdings from the State.
These settlers acted in the utmost good
faith, being entirely ignorant OF the fact
that there was any title TO their lands be-
yond that vested in the State government.
Many of the farms had been settled and
cultivated for over ~ years, and when, IN
1873, the settlers heard that there were
claimants Of
The Title 20 Their Farms
they were naturally indignant, and pro-
ceeded to do what at first occurred TO them
as the best thing for their interests, viz: TO
destroy the marks of all old surveys made
in the region Accordingly, treesmarking
lines and surveys were not only cut down,
but their stumps uprooted. so that when
the surveyors of the New York owners
came on the ground they had hard work to
branch or other land mark not so easily de-
stroyed, for q starting point 1t appears
that the New York bankers had acquired
title OF the tract of land from the heirs OF
Gen. Smith, and commenced suits in the
courts to oust the settlers. This was O
formidable work, as was soon ascertained
there being some 5000 of these settlers on
the tract. The court sent party OF sur
veyors up into the neighborhood TO make
survey OF the whole tract. The men had
not proceeded far in their work, however,
when the settlers came upon them
and drove them Off; but no actual violence
was resorted to. The surveyors made their
report to the court, and the court sent Q
United States marshal with his force to
protect them, and they completed the sur.
vey. The title of Messrs. Low & Aspin-
wall was declared valid by the court
When this result was reached the new
owners, through their agents, said to the
settlers; 1--WE have no desire TO drive you
off your farms. We will give you the right
to the surface OF the land, but nothing be.
low it," The arrangement was then made
that the settlers should have deeds OF all
the lands that had been cleared by them,
and also of an adequate amount Of wood
lands-the amount in every case to be do.
fined aud speci6sd-provided that they (the
settlers) would relinquish all right or title
to all that laid beneath the surface, such as
minerals, clays, etc, and also agreed 70 give
a right OF way across their lands, and tim.
Der for railway and mining purposes. This
compromise was accepted. and the whole
trouble in this way amicably settled. W.