Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-22

THE RIGHT OF ONE STATE 10
OWN LANDS IN ANOTHER.

might Tor Macon TO pressure an Tue 4 Hile'
states Court for the Western division
which opens this morning. To-day b
will deliver his decision in the famous
land suit or George E. Dodge agains
oliver II. Briggs aud others. The de
rision is lengthy. and is IN favor Of the
complainant Dodge.
over 100000 acres of land, valued al
1880, COO, were involved in the cause,
which came on for final hearing in the
United states Circuit Court OF this di-
vision last November. The lands are
heavily timbered with yellow pine, and
are known ms wild lands. They are d.
vlded into 500 lots, and lie in Tel.air,
Dodge. Putnam, BALDWIN and Laurens
counties.
the bin was filed by George L. Dodge.
a citizen OF the State0f New Y Ork, against
Luther A. Hail, oliver II. Briggs, ". g..
Sleeper and perhaps seventy-fiVe others.
Tbe respondents are all citizens Of Geor-
hqIa, with the exception Of the heirs OF
hhree men named Colby, Chase and
Croker. formerly OF Maine. Dodge
claimed to be the owner OF the lands in
controversy. His title, he alleged, is
tfraceable through a period Of 80 years,
and originated in grants from the State Of
Georgia. Taxes have been uniformly paid
On the lands, which are widely
SCATTERED IN FIVE COUNTIES
and mostly unOccupied.
Dodge averred that about a year before
The bin WAS filed the respondents, Messrs.
Briggs, Hall ~ Sleeper, concocted plan
10 deprive him Of his lands. The com
plainant declared that the respondents
BurrepttiOusly ascertained the fact that
Que of his deeds had been, as
unn urreNu .
Bd The deed referred TO was one
from Colby, Chase and Crocker. Other
allegations in the bin set forth that in 1893
stock company WAS formed in Maine to
buy timber land In Georgia TO build saw
sdsils and to develop the humber resources
of this state. Before incorporation it was
called the Georgia Land Company. but
afterwards was known as the Georgia
Humber Company. Stephen Chase, A bra
ham Colby and Samuel z. Croker were
sent 10 Georgia as agents OF the company.
in 1894 they purchased the lands from
Peter j. Williams, OF Baldwin county,
but never set up any claim TO the lands
in their own right. Afterwards the same
parties
BOUGHT $1,000 ACRES
30 the same manner from Josiah Flour
nOy. Colby, Chase and Croker are all
dead. Their heirs never claimed the lands
Antii they were induced to make the
power OF attorney to Briggs, Ran &
Sleeper.
The deed from Williams to Colby, Chase
aud Croker was by mistake made to
them in their individual names, but not
as agents Of the Georgia Land or Lumber
Company. The complainant further
charged that Briggs, Hall s. Sleeper were
proceeding to make number Of contracts
Tor lots Of land in different counties, and
with a large number OF persons which
viii Involve him IN a multiplicity OF suits
10 protect his interests. Briggs
and his partners were also
charged with cOncealing the contracts in
stead Of recording them. ID odge prayed
The court TO hold the respondents to &C
count for damages and for rents and prof
iLs Of the lands which he charged them
with apprOpriating to their own use. The
court was also asked to enjOin Briggs.
Hall d Sleeper and their agents from fur
1her interfering with the lands, and from
making sales, leases and contracts to The
land In dispute.
AN INJUNCTION WAS ASKED FOR
against the many alleged trespassers.
Briggs Han a Sleeper filed a joint an
EWer denying all combination. They said
4hat the complainant never was the legal
owner Of the lands; that the deed purpOrt-
ing TO have been made by Colby, Chase
y Croker TO the Georgia Lumber Com
pany, conveyed no title, and that the COM
pany's charter is unconstitutional. They
also asserted that the conveyance made
BY the corporation TO the State of Indiana
and the deed Of the State Of Indiana to
Martin r. Green are Illegal. The three
respondents admitted that under powers
Df attorney from the heirs of Colby, Chase
A. CfOcker they nave sold and leased many
OF the lads mentioned in the complain
ants bill, but they claimed that their &C
lions were falr,
HONEST AND LEGAL.
They ayOwed that in 1888 the entire in
ferest Of the heirs whom they represented
was sold to silas p. Butler, Of Mass8chu-
setts, for whom they are now acting as
agents and attorney s-at-law.
Colby, Chase d Croker bought the
lands for their own use, the respondents
asserted, and did notrepresent themselves
rs agents of the Georgia Lumber Com.
pany, and the respondents denied fraud
aud cOncealment. Butler, by plea, sst up
the'same facts in answer, and declared
faat be bought in good faith from the heirs
ni Colby, Chase Il Croker, and paid them
100000.
Reviewing the vOluminous evidence,
Judge Speer says in his decision that
Peter j. Williams originally owned the
sands which Colby, Chase a. CrOckeI
bought from him. aud the first question to
bt uSecAulluEu 49, Qlu tney Ouy Tor them
selves or for the Georgia Lumber Com.
panyl II is impossible to doubt from the
evidence that Colby. Chase a. Croker
were agents Of the corporation. II is true
mat the deeds were made to them as il in
their own right, but contemporaneous
letters 70 the company and
STRONG ARRAY or FACTS
show cOnelusivcly that they bought FOL
the company. They never pretended thai
The lands were bought for themselves
Butler Is a purchaser from the heirs a
law, but he occupies no better position
than they did, who, having no valid title
could not give him one. one point il
this connection was that the will o
Stephen Chase made no reference TO any
lands IN Georgia.
'ihe truth is, Butler, Briggs, Hall, anC
Sleeper, and the heirs Of Colby, Chase
and Croker are mere interlopors; they
are not bona tide claimants Of this land,
says the decision.
Butler did not deny a charge in Ia,
amended bill that he Is merely clerk il
The employ Of Colby. His answer wa
oyasiye and did not show that he hat
sworn tOit. Three weeks after the heirs.at
law gave Briggs, Han q Sleeper power o
attorney the clerk bought for the pre-
tended price OF $500 900 100000 acres con
tanning tracts which the attorneys sale
they had sold 20 "sundry
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