The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-04-28
THE COW SETTLED 1T.
A MouJhful of Hay Which Decided an
Important Case.
From the NelO York Times

From the NelO York Times.
CLEAN, April 22.-In September, 1871
Griffith Jones, a farmer of Forestport
Oneida county, purchased at tax sale q
tract of $50 acres of land in the town OF
Allegheny, this county. The tract was
wild and barren, and had been abandoned
by its former owner. Jones, who was a
man of small means, paid $50 for the lot
and on looking over the property made VI
his mind that it was not worth putting any
more money in, and he paid no more atten-
ton to the purchase beyond securing his
tax deed, which gave him a clear title to
the land on Sept. %, 1873, two years after
the time of tho purchase, according to the
New York law of tax sales.
In 1879 petroleum was discovered in Allie
gheny, and the former owner of the tract
Jones had purchased reassumed control of
it and leased it TO the Bradford Oil Com
pany Jones knew nothing about this
transaction until 1880, when the tract had
ten large producing wells ON it, and yielded
many thousands of barrels of oil, which had
been sold for the profit of the oil company.
The territory was then valued at $500 900.
Jones at once began proceedings in tine
Cattaraugus County Court to recover posses
sion of his land, aud an accounting for the
oil on the strength of his tax deed. The
oil company disputed Jones title to the
property on the clause Of the tax sale law
which makes tax deeds invalid if the
purchaser does not serve on the
occupant of the premises bought at tax
sales notice to redeem the same within two
years. The oil company claimed that James
Hill, the former owner Of the tract, was oc-
cupying the premises when the deed passed
to Jones, and received no redemption notice,
and the occupancy was based on the novel
point Of law that although the owner was
not living on the tract he had left O guam
tity of hay in a shanty on the place This
was the entire defense to the suit, and the
CattaraugIs County Court decided that if
the simple fact of there being hay on the
place as claimed could be established it
would be ample proof Of legal occupancy
and would destroy Jones' title to the prop
erty. The trial resulted in favor of the oil
company in 1882.
A new trial was granted and Jones
proved by six witnesses that on Sept %, 1873,
one day before he became entitled TO the
tax deed, Hills COW had entered the shanty
and eaten all the hay that Hill had left
there, thus depriving him of legal domicile
and leaving no one in occupancy on whom
redemption notice could be served. BY
that act of Hills COW, and by that alone,
Jones' title to the valuable property was es-
tablished, and he was given verdict The
defendants obtained an order Tor third
trial on the alleged discovery of new evil
dence, but Jones was again successful The
oil company carried the case TO the general
term, where the judgment was affirmed.
The case was then taken to the Court Of
Appeals, where an effort was made TO have
the Judgment reversed on the ground that
the tax sale law was unconstitutional The
Court Of Appeals has just handed down an
opinion sustaining the decision of the lower
courts, and Jones will receive nearly
500, 900 for the oil that the property
yielded during its possession by the Brad
ford Oil Company.