The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1888-02-09
An Important Land Suit Decided.


mOnd, decided last week the case of Geo.
Randolph against the Longdale Iron Com
pany, which was argued and submitted at
Stanton, last fall. Randolph, as trustee
for his wife and children, is the owner of
a tract of 20, 900 acres of mountain land in
Bath county, on both sides of the z. & O.
Railroad, known as the Grub survey, the
same having been patented to Joseph
Grubb, October Is, 1895. This land
passed into the ownership of Jasper Cope,
of Philadelphia, prior to the year 1881, and
under will of Cope to George Randolph,
who was his son-in-l law. in trust as above
mentioned.
To the southeast of this Grub land.
there is another tract of land of 10000
acres, which was patented to John Bar
clay. March 18th. 1896. This tract lies
mainly in Rockbridge, the top of Mill
mountain, on opposite sides of which the
two tracts of land above mentioned lie,
having been in 1895 and for some time
afterwards. the dividing line between the
counties of Bath and Rockbridge.
In 1926 Jordans and Irvine bought the
Barclay land from John Barclays heirs,
and erected upon Simpsons creek, which
runs through it, the Lucy Selma Iron
Furnace, and after the war this land was
bought by the longdale Iron Company,
which erected on the site of the old Lucy
Selma cold-blast charcoal furnace, the two
excellent hot blast coke furnaces now OPP
Grated by that enterprising corporation.
About the year 1882, Jasper Cope, then
the owner of the Grub land, applied to
the county court of Bath for permission to
have this tract "re-surveyed." under pro-
visions of law then and now existing, for
the purpose as claimed of rectifying mis-
takes in the original Grub survey. These
''re-surveys" are commonly called "inclu-
siIe surveys" as under the law authoriz
ing them, they may be made either to cor
rect mistakes in the boundaries of sim
gle tract. or to embrace two or more tracts
in one.
In 1882, this re-survey or inclusive sur
vey was made, ana reported to and APP
proved by the county court of Bath, and a
| new patent or grant was issued thereon by
the Commonwealth in 1885. This is called
the Cope survey. 1t ran about one mile
further to the northeast than did the orig
inal Grub survey, and extended to the
| top of Mill mountain, and ran along the
top for seven or eight miles, taking in
several thousand acres more land than
was covered by the original Grub survey.
1t did not appear that Jordans and Irvine,
| who owned the Barcley land, had any
notice OF this Cope or inclusive survey at
the time it was made, or indeed at any
| time afterwards.
There was but slight interlock between
the old Grub patent and the Barclay pat
emit: but the interlOck between the Cope
and Barclay patents embraced about two
thousand acres, and upon this last named
of iron ore, said to be valuable, and COM
menced mining and shipping ore. The
Longdale Iron Company upon learning of
this action on the part of Randolph. re-
quired him to desist, but he failed to do
so, the company brought an action of
ejectment against him in the circuit court
of Bath, and by consent of parties the
case was afterwards removed to the circuit
court of Rockbridge, where it was tried by
Judge Mclaughlin, at special term in
1884, the parties agreeing to dispense with
jury.
| The decision of the circuit court of
Rockbridge was in favor of the Longdale
Iron Company; whereupon Randolph took
the case to Court of Appeals, which af-
firmed the judgment of the inferior court.
Throughout the litigation the Longdale
Iron Company was represented by Messrs.
Elder & Nelson, of Staunton, and Mr.. R.
L. Parish, of Covington; Randolph was
represented by Capt. George M. Cochran.
jr., of Stanton, and Col, Edmund Pendle.
ton. of Lexington.
Although the Immediate subject of con-
troversy was the land, about 1000 acres,
embraced in the interlock between the
Cope and Barclay surveys, valuable for the
iron ores on it; there were involved the
proper location of the Barclay, the Grub
and the Cope patents, and the legal opera
ton of the last named patent, which, as
already stated, was a re-survey or an in
elusive survey. Much surveying was done
and the law Of land surveying both in
respect to the proper mode of locating
ancient surveys of wild lands" includ
ing allowance for the variations of the
magnetic needle. and to the character and
effect of inclusive" surveys. was exten-
sively discussed by the counsel engaged.
The title of the Longdale company to
the whole of the land embraced in the
John Barclay survey of 10000 acres, as
that survey was laid down by county sur
veyor Lusk. of Rockbridge, in this suit,
is recognized and established by this decis
ion; it being held that the Barclay patent
is superior to the inclusive survey or re-
survey made for Cope, so far as the two
are in conflict.
The case on account of the questions in
volved, has been regarded as one of more
than ordinary interest.
Hector" beautiful and valuable
horse of 1t. Gov. J. E. Massey, had his
fore shoulder broken by the kick of a
Percheron horse, and had to be killed.
Congressman Bourke Cochran spoke
himself into national fame in eight min
utes last Saturday, when he broke through
party lines and supported the claim of