The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-03-24
GRoRG1A's WILD LANDS.
A Case Attacking Sales Involving
100000 Acres.

a NoSS Attacking safes involving
100000 Acres.
Another successful attack upon the wild
land sales made under tax g. ia. issued by
Controller General Goldsmith has been
made and the question gro wing out Of it
seems to be no small matter.
This time the case is from the superior
court OF Dolly county, and the issue in the
case whether or not the lands had been ad-
vertised the fun time required by law.
THIS Is a new point OF attack on the sales of
Georgia's wild lands. 1t is point, which
having been decided against the sale, will
enter into much litigation that will IN all
probability come from the southern part Of
the state upon the validity Of these sales in
the future.
The case so recently decided was argued
under Judge Fish by Col. J. H. Hall aud
Col. J. w. Haygood for the plaintiff. who
was Hugh A. McLain. The defendants
were Messrs. Bedgood and Royal
The case seems to have been one of un-
usual interest and lasted several days at the
last term of the court for DOoly county.
Judge Fish charged the jury that if it ap-
peRred that the contr Oller of that day and
time, meaning Controller General Gold
smith, did not advertise the land in dispute
for four weeks, or twenty-eiYht days, in
the newspaper required by law, the sale
the jury had on this point was obtained
from the files of the Constitution of 1875, it
seems, and from this it was found that the
advertisement had not run the sufficient
ZENITH of time. The tax Fl. ia. was issued in
March, 1877.
The case was decided in favor of the
plaintiff This means that if there was no
error in the decision of the court much of
the wild land that went this Same way will
very soon change hands In that section OF
the state.
The case in question will be brought be-
fore the supreme court of the state and
there will be continuation OF the fight
here. II the evidence is as clear as it would
seem from the Judgment OF the court be-
low, then there is going to be a great sem
sation exploded about the land the people
Of Central and Southern Georgia live on at
present.
The decision of this recent case In Dolly
| suggests the other test cases that have been
made about the sales OF the wild lands of
the southern part of the state under tax fl
fas. issued when Controller General Gold
smith was in charge of the affairs.
1t is seen from the law Just recited that
| the sheriff was the only legally authorized
man to sell the lands, and that he was only
| authorized to proceed with the sales as he
would do in all official sheriff sales. 1t has
been found that in many cases the parties
| who came forward and paid the taxes we're
allowed to sell the lands. This was not in
| accordance with the law, and the cases
have been so decided.
The late case seems to take into consider
| alton only the point of law that the edver-
tisement did not run the full length of time.
and on this score it is said that many such
sales will be undoue.
There will be about 200, 900 acres of wild
lands to rest upon the decision that the su-
preme court makes of the case that was
lately decided IN Dooly county against the
sale, restoring the land TO the rightful or
bona fide claimant.
Much interest attaches to the case for this
reason, and the men at the controller gem
erals Office will watch the development of
the case With almost as much interest as the
people who are to claim the land again.
There is perfect record of the lands that
have come to be handled by the state at the
controller generals office and it is a credit
to the men who are now in office there that
they can at once put their hands upon the
page aud the number of any lot of wild
laad that is returned to the state for taxes
as the years go by as well as those which
have not been returned to the state,
One whole part of the office is taken up
with the great shelves and archives which
hold these books, The books are colossal
volumes and are we'll kept, though many of
Speaking of the wild lands that were
| sold during that period of Georgia history
when there was SO much dealing in these
vast areas Of feeble grant records, it is
interesting to know who are the principal
| purchasers of the land.
According to the records that are shown
in the wild land department of the corr
| troller generals office it Is seen that Mr..
Lott of Waycross, W. P. Anderson of
Marietta Mrs Garmany of Savannah, Col
E. L. Newton OF Athens were chief among
the buyers of the lands when they were held
for sale.
OF course the areas were vast and ex-
tensive and with the rapid settlement and
growth Of these regions of the state the
lands have changed hands many times
tince. 1t is not known who owns them now.
There is that interest in the history of these
old sales, however. that makes il an enjoy
able study to turn the pages Of records that
are kept by the controller general-par-
ticularly now that there seems some clew to
a movement to overthrow the validity of
sales OF many thousand dollars worth of
DrODerkV