Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-30
HE'S AFTER BIG GAME.
Robert Campbell Fighting for $500
Acres in Kentucky.
THE CASE MUCH COMPLICATED.
The Constitution Ofa State Involved in the
Battle.
THE PLAINTIFF LIVES IN ALLEGHENY

Robert Campbell, of Allegheny City, is
making desperate fight to repossess him.
self of $500 acres of land situate near Big
Stone Gap, in Letcher county, Ky. MI.
Campbell alleges the vast tract of
land was taken from him lille
gally. The case is now pending
in the United States Circuit Court at Frank
fort, KY, and its adjudication, it is claimed,
will determine the legality of the Consti-
tuition of Kentucky, and will it is said set
tie disputes to most of the land in that
State. Mr.. Campbell's case is rather in
teresting one though it is said there are
many of the same character now pending in
the blue grass country.
Colonel John L. Scott, one of the leading
lawyers of Frankfort, KY, has been in
Pittsburg since Tuesday working on the
case. He is one of the attorneys who rep
resent William A. Nichols, who is now in
possession of the property and who is hold
ing it by authority of State law that re-
estate. He comedies that Campbell secured
the original patent for the land.
Taking Testimony in Pittsburg.
Colonel Scott spent yesterday taking tes-
timony in the Office of Robb & Fitzsim-
mons. Among the witnesses he examined
were Levi Bird Duff, A f. Baum, and Mr..
Campbell, the plaintiff. Colonel Scott was
found last night at Newell's Hotel He is
typical Kentucky Colonel. In appearance
he much resembles Governor Mckinley.
His round, pleasant face is cleanly shaven.
He is a pleasant talker, good eater, and,
just to prove the exception to the rule, he
Is not much of drinker.
1.-THE land involved in our suit extends
over 2, 900 acres" Colonel Scott began. 'It
is in a single block. It is composed of 125
patents and is valuable for minerals and
timber. The case has been in litigation
since 1884. It is but one of the numberless
suits resulting from the system of land
titles in our State. Heretofore in Ken
lucky people have obtained patents or deeds
for lands from the Commonwealth and laid
them down on large strips of land.
Another man, comes along and secures
a patent on the same land unless
it has been promptly and properly enclosed
by the original patentee. The original
patent holds unless the junior patentee
acquires possession by enclosure and salts
faction of law.
4uCIc are GuOubduuS upon GUOuSd0ub Ol
acres of land in Kentucky upon which as
high as 80 patents have been taken out, and
the law can only sustain the one who has
enclosed it.
The Fence Makes the Title.
each of the 80 patentees claim the land
just as the claim is made in the case of
Campbell against Nichols, and if the law
and the Constitution of the State are not
overthrown by the courts of the General
Government the fellow who enclosed the
land will hold it against all comers In one
case Mr.. Campbell secured the original
patent, but we secured another patent and
enclosed the land. If our laws are right
then we are safe. If our laws are wrong
then we are gone.
''The last Legislature of Kentucky, with
a view to simplifying the many cases of the
kind, passed an act on the subject, and the
last Constitutional Convention in our State
inserted section in our Constitution pro-
viding that those claiming land under oon-
ficting titles must settle their disputes and
establish their claims within five years, and
failing to do SO the titles must remain as
held when the five years expire.
"Our case is to be test for all the others
and much depends upon its settlement
We are now in the highest court we can
reach and we will likely get decision
within six months"
Colonel Scott M. Nichols, who accom-
panied him, left for home last night.