Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-02-22
WEST VIRGINIA LAND,
And the OccsA Aional Trpubles no.
gardiau The / itIes Thereof.
HOW the p.fHcU.Tlss OCCUR.
lr. Duffner ard the Wilson Surey-,A Ms.
tory Of the Natter-GoOd Open
ing for2legisla.ivs Re.
form.
S,eciai 10 The Register.

PabAASStoa ~ Ae~s W
the interview with Mr.. Joseph Duffner. 70.
latirg TO what he claims TO bs Q swindle In
the sale OF some lands to him BY parties In
this section, and :he high standing OF some
OF the contracting parties, naturally eIcites
more or les comment not only In this
section, where people are better acquainted
with the facts, but also throughout the
State. Such affairs have . tendency to dc.
precia,e the value OF West Virginia lands,
and to increase suspicion in the minds OF
outside parties as to
The UneertAiaty Of Land Titles
in tins State.
In view OF these premises | have en-.
deayored 10 gather the facts ss accurately
ss they could be obtained relating to this
Dntiner transaction, the publicity OF which
has given IL prominence. While the state
ments OF Mr.. Duffner, as published in Sat.
urday's REUIsTER give many details truth
fully, in other respects he has made mis-.
takes, and Of course the story 10 colored
with the shade that al interested party
would reflect There lies on the head.
waters Of the Buckhsnnon river a tract OF
land containing 10000 acres, . portion Of
which lies in Upshur. Q portion in Ran.
dolph, and q small portion IN Webster
county, known As the Morton land" or
more familiarly the Wilson survey IL
is one OF those old surveys involving ire.
guent forteitures, aud has likewise been
covered by junior grants, the result OF
A Miserable Land sy.s-sa
in Virginia which has caused so much
trouble. litigation aud uncertainty about
tiles in The western part ot the State.
The grant Was made 10 Thomas Wilson
by the Common wealth IN 1875. The rec.
ords here show connected chain of title
nom the Common wealth 10 Wm. III. Nor
'on whose deed for the land bears date
July let, 1873, he receiving title from Geo.
". Howard. The claimants, under the
different titles, seem TO have been Eastern
pc ople from Boston and New York, aud ]
tRAe II as each new purchaser would &C
quIre title he would have the land placed
On the land books Of the county, and ~
tANss were not paid up IL would from Tune
10 time he returned delinquent under our
forfeiture laws. The land seems 70 have
hsd q market value in the Fast, for one
iced sets forth the consideration At $780,
90 As stated. the title passed 10 VIM. A.
Morton by deed bearing date July !, 1873,
snd OF record in this county. In 1871 the
land was
koId by the ssatc
for non. payment OF taxes. At this sale .
local syndicate was formed for the pur.
chase Of the Morton" title. The msm-
bers OF the syndicate were Georgs and
John e.. Henniag. OF Wyoming county,
Pennsylyanis; Lewis Munks, Of Bali.
more; l. s Thomas aud Alfred smith, OF
Lewis comfy; w. G. Mccormick. OF lIArri.
son county W. II. H.lphenstein, Of Bar.
bour, and u ID. T. Garnsworth, A. B.
s. Farnsworth, Henry +. WestfAll, Jack
man Cooper. Valentine strader and Phil.
lip Roger, OF Ipshur county.
ON the 10Th day OF February, 1879, these
parties received . deed for the Morton
land-iO, Oco acres-from the Clerk OF the
County Court, according TO the provisions
Of the statute. On the 18th day OF last
May they conveyed by deed 10 Charles
Duiiner, Joseph DuiiDrr and Mathew Dun
ner, oil Of Cleveland, the 5000 acres, with
this provision that actual settlers within
the survey who have been In peaceab'e
ard lawful possession for ten years, and
who have paid taI.s on their claims,
SHOULD Not he Dtstnrsed
nor should any proceedings at Law DO in.
stiiuted against them by the grantees. The
deed is not q general warranty convey.
snce. hut does set forth that at least 2D.0vp
acres shall pass to the grantees, and II any
d. iiciency in the 2O,OyJ acres occurs then
the gran tors shall make IL good ratabiy &c.
cording 10 the proportionats shares OF the
individual grsntors.
These are the facts a. appear on the
records here, and show prima lscie Ute.
As TO the validity OF the respective titles
or any part Of them Is not tof nswspaper
correspondent 10 discuss. have deemsd
il juty TO the parties Interested, ~ well
as 10 the public, 10 present. this statsmenl
An interview with . prominent gentle.
man who 10 one Of the grantors 70 The
Dulib-r brothers, gives shout this state
~. NJ 10 his side OF the case:
We purcbai ed the Morton land nj
public tar sale. believing 10 TO be l,giu'
ngir purcbs,+, snd also believing that vs
s.rc acquiring good title. We paid the
purchase money ~ the State, and sfri tbs
init fixed Tor rsdeeming the land had eI.
vird We rec. wed q deed In due form and
,ccordIng 20 Law. We have continued 10
sep the irIes paid up regularly on our
u IL, and have been oGsring the lsnd foS
,,I.. - We bought u for speculation and
hoped 10 realize something on our invest
ment. Lsst spring two gentleman by the
name OF Dugner came here from Cleveland
ard proposed 20 buy our land. We showed
the land 10 them, made . fsir sxhiptt Of
our title papers which explained than
selves. and told them OF conflicting claims
IN a portion Of tho land, and thst under
our law adverse peaeesbls possession for
ten years excluded ". We estimated that
L<ss Ihsu Ose-half - sbe SaxSsy
was 20 held. but In order 10 secure our.
selves we would not sell over 0,0O acres.
They expressed themselves sstisfed, and
contacted for the land. paying . small
amount In hand 10 Gloss The bargain.
Before the purshsss money was paid or
deed passed 70 them, hr. Jossph Dufner
returned accompanied BY sn attorney from
Cleveland, for the purposs Of making Q
-.t-.,.-S ~ HliA NJ
Duhner professsd the utmost conndsnos IN
the skin and integrity Of bis attorney.
After several days careful Investigation
Mr.. Dufiner expressed himself ~ ssiished.
The deed was then executed sod the pur.
cbsse money paid, 1l5eoo bsiaE the
amount named. IL there ~ oeything
unfair or HIsgiumats In tais transaction
bsys failed 70 ZEE H. IL the Morton ttls
uss defective, and fail 70 -: WbsIs u -,
courts have pssssd upoA that 9usssiOs 30.
fore he attempts 10
Dsssssss ~ asSstslisss.
O, n The Morton Title should prove 10 b,
defective fail TO sec vhsrs any asinds
comss In, % hs and his attorney were ~
capable - vs are Of iudgins good snd bad
A mistake wss rsads by Duifnss In nam.
| ing Thomas YasnsWorth - one of tbs Goo
tSscting parties. There ess TOO esooe@sn
Of that nsns hsys-ons fhonas J. and ons
Thomas G.-bosh Of thsn psomissauy
known, sseh bsving served In the ststs
L1eislaturs. Upon hsiss intsrvisusA both
| Of 49, eent,sspsn disclaim sng oonnse.
don vhstsvss With The tssasactson- Anf
tha fsoosds show thss lAey hsvs - o'n'
nectson in ssy shsss vtlh t.
n r. moi Ismsof fsbls hat thsss thing DO
| ooeuY. gueh thisp ~ West Virgiets
sUsy bsck. Ths dlsBlSt q oos lan1 ussss
| detcrs csoital from investtne hsfe ~
Tskes our Own people uesasy sbost ne
liability Of utjes . thsis ews bonss.
| Tbsy sst restless md neye 10y e ~: ~
Other shtss who're sssa tssas'S % o''
s1ist. $1,000 A.. A.. A.
nsoe eSS...<Sossss6 1H-0evesnes
| ,.n ts sean m this trouble sooet TIE nh.
| - tr.ct II % sid that bsp battse bss
80 - q . eisin 70 sll the Wilsoo saf.
,svs 81 Wed vifginia, ed the teeesy y.
| M n - en- sxti9gui6A ths nortce W.. J.
~ tbsss viii b a opseins fo! ntn; y
- sbout . Wilson susvsy ta0 o..