Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1883-03-30
An Interesting Old Land Suit.

An Interesting Old Land Suit
THE OLD TIME QUALIFICATION OF VOTERS
IN vIRGINIA-How DIsAPPOINTMENTs
SOMETIMES CAME ABOUT.
Two suits very interesting to citizens OF
the counties of Augusta and Bath. have
been before Judge Mclaughlin this
term-that of The Virginia Mining and
improvement Company against Charles L
Cochran and others, land the same plaintiff
against George and Levi Simmons. The
counsel for the plaintiff were Gen. j. E
roller, Geo. M. Cochran and Shelley q
Bumgardner, and the counsel for defen-
dants were Messrs. Elder & Nelson.
The plaintiffs are the children of Mrs
Mary Morris of Philadelphia. daughter
of Levi Hollingsworth of that city. 1t ap
pears that Levi Hollingsworth. like many
other Philadelphia merchants OF the lat.
ter part of the last century claimed sever
al large tracts of land in this section of
old Virg,nia-in Augusta, Bath and Pen
dletou counties at the shead waters of the
Shenandoah, James and Powtowmack
rivers" One of these tracts, $4,000 acres
was granted to Levi Hollingsworsh by a
patent from the Common wealth of Vir-
ginia dated July 18th, 1875. This tract
was returned delinquent for the non-pay-
ment of the United States direct tax lev.
led by act of congress in 1915 and was, by
the Hon. VIM. B. Taylor, collector Of
that tax in Virginia. exposed to sale in
front of the famous old Eagle Hotel OF
Richmond in the year 1917. to ascertain
who would pay the taxes on the whole
tract for the smallest quantity Of the
land.
Col. Alex. r. Givens, Of Augusta coun-
ty, offered to pay the tax on the whole
tract for II 500 acres of the land and his
bid, being the smallest quantity of land
asked, was accepted. Collector Taylor
conveyed that quantity of land to Col.
Owens by deed bearing date in 1921,
though it was not recorded in Augusta
County Court until June 10th, 1912. On
the 18th of February, 1912. Col. Givens,
who was strong Wing. conveyed to
Frederick J. Alfred, who was then a
school teacher and craftsman, ia acres OF
it. Mr.. Alfred made plat of the survey
of the land and on finishing it Col. G.
pointed to an irregular corner and said
make that straight and you may have
the corner for YOURSELF The corner
thus cut off was the 174 acres. Mr.. Alfred
afterwards became editor of the Staunton
VIND1cAToR and was its editor during
the memorable campaign of POLK and
Dallas and Texas too" while on the 9th
er side was:
1.-THE country's rising
For Henry Clay and Frelinghuysen."
On the I'd of May. 1S4s. MIR. Alfred con-
veyed to James H. Skinner and Cal!owhill
M. Loving one hundred acres of the land.
The remainder of the original tract as
conveyed by the U. S. tax collector. Tay-
lor, now reduced to 1926 acres had been
conveyed by Col. Owens March 9th, 1912
to his favorite nephew John Owens Full
ton, afterwards representative in the
legislature from this county. Mr.. Fulton
by his attorney. Erasmus Stribling, then
clerk of the court, conveyed 673 acres and
8 roods. to Charles T. Cochran. Thomas
Butler, w. Wilson, John Campbell, Vim
cent T. Churchman, J. I. A. Trotter. W.
o. Bickle, John A. Hartman, Robert F.
Merritt, Chris. G. Merritt. David Peer
VIM. Kinney and John Peer, who. you may
be sure mere all good young voters at that
time.
In the same year Mr.. Fulton conveyed
to George Siple of Pendleton county, 3 ODE
acres on the North Mountain in Augusta
Highland and Pendleton. Mr.. Siple sold
off the lands in parcels to VIM. Warner
447 acres in 1866, who sold it to George
and Levi Simmons; and in 1865 or 1866
SipIe sold several hundred acres to John
and David Simmons. In 1850 or therea.
bouts, Siple sold 100 acres to Thomas and
VIM. Killingsworth and in 1850, tract te
Ammi Hoover.
The suit against the Simmons was tried
at this term and decided against them or
the ground that the tax deed to Col
Givens, under which they claimed. did not
in itself, constitute good title. and that
they had not held actual adversary pos
session of their respective purchases for
the length of time required by law to give
them good title as against the prior and
better paper title. The suit againse Hoover
is continued till next term.
The effect of the decision in the suit
against the Simmons will be that those
persons who have not held actual continu.
Gus, open and adversary possession ct
their land for fifteen years next before the
institution of the suits Excluding from
the computation of this time nearly eight
years whilst the stay laws were in opera.
tion) will lose their lands. If there are any
who have held as above, they will probably
be quoted in their title. At present
it appears that the only party that is Sc.
riously contrasting his right to possession
is Ammi Hoover, who occupies and has
improved one hundred acres of the land.
Most of those who received conveyances
from Col. Givens and Mr. Fulton to quail
ify them to vote, have disclaimed all in.
terest in the land and the rest are e.deay.
orlng to disclaim.
Death of an Estimable Lady.
On Friday last Mrs. Elizabeth G. Sears
widow of the lateDr. Barnas Sears "a gent OF
the Peabody Fund died at her residence in
this city of pneumonia. Her remains were