Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-03-08

ss / said before, 1t often occurred that the
same land was covered and claimed by

ss said before, it often occurred that the
same land was covered and claimed by
Different and Conflicting Titles
Some of these were forfeited, others not
forfeited, under some possession was held
, and under others no possession was
claimed. The result was that in many in
stances the amount of land assessed in q
particular county constituted an area sew
ersl times larger than the county.
"Many Of these titles were forfeited and
worthless ones. The land could be proper
ly held only under one valid title, and yet
by insufficient legislation the holders OF
these worthless titles were permitted to
hold on to them, and placed in position to
prey upon the actual settler, or the unwary
from other States.
docs that state OF affairs exist now in
West Virginia.
s'Not at all. Upon the contrary we have
q very different state of affairs There is
now no excuse for q party desiring TO pur'
chase land there to be deceived by bogus
title.
Upon the admission of West Virginia
into the Union all the rights OF the mother
State TO waste and unapproprlated lands,
to unpaid taxes, and to forfeitures within
the limits of West Virginia were vested IN
that State, and by the constitution OF 1888
and legislation under it a good deal was
done to remedy the evils growing out OF
onr land system. But the constitution OF
1872 adopted more vigorous policy IN tnat
direction. ,--.------r----,. - - -y---'s'
west vIrginia's Policy.
The object Of the convention was to
free the State from these fraudulent, fungus
titles 1t adopted q rigid but equitable
system Of taxation, and made il the duty OF
every owner Of land to have it entered on
the land books and himself charged with
taxes thereon, and to pay the same. Ii
the tract amounted to one thousand acres
or more, and the owner failed for i've sue
cessiye years after 1869, as remember, to
comply with the requirement, such failure
alone forfeited the land absolutely TO the
State. This provision. swept away many
worthless titles. A similar provision,
Understand, has been adopted by the Legis
lalure applying to tracts Of less than one
thousand acres. II taxes so assessed were
not paid, they were returned delinquent
and the land sold, passing into the hands
of individual purchasers, or the title merg-
ing into the State, and in the latter case,
il the taxes and damages were not paid
within the time prescribed for redemption
the forfeiture became absolute.
DIspOsInx OF Forfeited ritIes.
The most successful step taken by the
convention Of 1872 was in disposing OF the
title to land which had been irredeemsbly
vested in the State by escheat or by for
feiture. This was done in one OF four
ways:
First. By vesting in any person (othsr
than those for whose default the land be-
csme delinquent and forfsited), so much
of the title TO the forfeited land "a such
person bad actual continuous possession OF
under color or claims of title for ten years
u, l. L., CkaN 49,
for five years during such possession
Second. IL there should be no such par.
son as mentioned above, then by vsstiug in
any person (other than those for whore de-
fault the land became delinq quent and for
ieitedl so much Of the title 10 the forfeited
land as such person Of the second class
should have title TO under grant derived
mediatsly or Immediately from one OF the
two Nirginias, provided the last named
grant bad not been forfeited and all State
taxes thereon for five successive years
after 1865, or from date Of grant, had been
paid.
Third-If there should be no such person
as mentioned in the lst and I'd class, then
by yesting in any person (other than those
for whose default the land had become de-
linquent and forfeited) so much OF the title
10 the forfeited land as such person Of the
Sd class should have claim TO and actual
title tO for any five successive years alter
1865.
Fourth-If there should be no person
mentioned in any Of these three classes,
then by a sale of the land under proceed.
lngs Of the circuit for school purposes.
Improving on Virginia Methods.
"Of course these provisions contained
saving clause in favor of infants, married
women and insane persons.
Up to the time of the formation OF the
new State Virginia continued the policy OF
opening grants for forfeited lands, and
thereby kept up the confusion of titles TO
which have referred. But West Virginia,
by her Constitution OF 1872, wisely, as |
think, abandoned that policy and disposed
of her interest in forfeited titles as l have
stated. Ii will be observed that the Con-
stitution gave the preference over every
BODY else TO the actual settler. His class
was REGARDED as the most meritorious. He
had planted his foot upon the soil and gone
to work under color OF titls and paid
mis- taxes. He was working for perms-
nent home, and by his work he was deyel-
oping the State and adding to its wealth.
Ii was tit and proper to encourage him in
bis horest toll to protect his humble
home snd make him the instrument TO
d:spel the cloud Of worthless land titles
that hung over the State to the detriment
of our people, to the hindrarce Of our
progress, and to our prejudice abroad.
Zone thing, perhaps, is yet required
and that the Legislature has power to do.
What 10 that one thing"
by appropriate legislation to devise
system with more simplicity and certainty
in making sales by Sheritfs OF delinquent
lands for unpaid taxes. More specific in
structions should, perhaps, be given, and
better defined rules and regulations adopt
ed for the guidance of the Sheriff in his
notice and sale, and the clerk as to the
form and character Of the deed to he made
by him.
How 10 Buy West virginia Lands,
~, have said that party nov desiring
to purchase lands in West Virginia can as
csrtsin definitely about the validity OF
titles. How can this be done
-Four important questions must oe
looked into. They are chain OF title, In
denIiiy, forfeiture, and conflict with ad'
verse title"
The investigation of all these questions
requires the aid Of some good lawyer who
has bad experience in them, and there are
many such lawyers in our State.
I'm what offices are the necessary papers
10 he found in such luyestigationF
Chiefly in the clerks office OF the Coun-
ty Court of the county where the land IS
situated. Deeds, wills and tax ana ueho-
| ouepts books are upon file there. The ex-
| animation extends also to the Auditors
office of the State, and sometimes IN the
! clerks office of the Circuit Court. where
the title has perhaps under gone Iudicisl
! investigation. The search 70 be made Is
| of the same character that would be re-
Quired in looking up titles to real estate
snywherp, and the point to be made Is
| that people who take the usual ana oroin,
aTy precaution, of having the title OF land
| they are about to purchase, examined by
| competent lawyer, are IN no more danger
of being swindled in West Virginia invest.
ments. than they are in any other State oil
| the Union" LAM