Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-02-25

The following article from the pen Of
Hon. Bernard L. Butcher, OF Beverly
w Va. makes clear the reason why
West Virginia land titles are so ire
ouently complained OF, and points out
the way of safety 70 investors or those
who contemplate investing ~ West VIZ
glnia lands;
There is no business subject Wnlch mas
had more and worse Misrepresentation
IL is scarcely within the bounds OF De-
lief how very successful the confidence
men have been iu their business or dis
posinQ OF wildcat titles covering lands
in this State, and what a depressing
and retaTding influence this mas hao
upOn the growth Of the state and the
development Of our almost oounaless re-
sources. However the day-0reaR Is
here, and we have surprised ourselves
Is much as we have pleased those who
have helped Us out Of the wilderness.
To get an idea OF the land titles OF
this state and the abuses that are al
Iuded 10 above, it is necessary to take
a cursory historic view Of the legislation
of Virginia upon the subject. l shall
not PROMISE an the details, not attempt
10 call attention 10 all the strange things
that appear 10 have been done, looking
10 the disposal and settlement Of the
lands owned by the State. The public
lands an belonged 90 the state. Though
the great Virginian, Jefferson, devised
our United States public land surveys,
which have been so universally COM
mended, yet Virginia adopted the cheap
est. lowest, and most unsatisfactory
system for the disposal OF her own rich
territory that the mind OF man could
devise.
Before the Revolution and up to 1919
the public lands were granted Co per-
sons presenting 10 the General Assem-
blv Legislaturel evidence that the ln-
dian title had been secured and that
proper surveys, etc, had been made and
two cents per acre paid into the treas
ury. This plan became too OnerouS and
in 1879 a general land Office was crea-
ted. From this Office as many land war
rants could be obtained as the person
was willing 90 pay for at TWO cents per
acre. TIE warrant entitled the holder
or his assignee 20 enter and survey a
certain number of acres, or SO much
thereof as the holder saw proper, Of any
vacant land belonging 20 the common
wealth, which, when done, plat and
description was returned 20 the land
Office. and thereupou the Governor Of
the Commonwealth, under seal, on
parchment, granted the land so sur
veyed. The grant might be Tor one
acre; il might be for hall a million
acres; there was no limit. The inten-
ton was 20 grant no land twice; the
fact was that ln many hundreds of thous-
ands OF acres the same land was grated
two or three times. How COuldlt be
otherwise? The State sold the warrant
and the purchaser located Il, and re-
turned his survey and plat, but not with
any reference TO any other plats cover
ing the same land. Unless some other
owner filed a notice d his prior claim,
there was nothing to do but issue the
grant
- n many instances the surveys them
selves were never actually made, being
projected on paper by old surveyors
and returned 90 the land Office and
grants issued, because the Office had no
means of knowing how the survey was
made. The matter OK entering and sur
veying lands under extensive warrants
bought by SPECTATORS, both Ia and out
Of the State, became profitable BUSH
ness by those engaged in it, and the
public lands were soon OH disposed Of
aud more. How much more and how
many deep no one could tell. Many Of
those obtaining grants did so for sDecu-
latiou, and those Go whom they unload
ed were usually In distant communities
and knew bat little Of the requirements
and cared less.
But the commonwealth early learned
that 10 was necessary 20 adopt some
means % make these land holders pay
their share of the taxes. As most Of
delinQuents were nOn-residents, and all
the property was 10 the ''iorest prime
val, with no personal property out Of
which 20 make the tax, the proceedings
were aimed 40 the land. And as early
as ISL laws were passed directing the
sheriff % sell the delinquent lands for
taxes. When no one would pay the ac-
cumulated unpaid taxes for the land,
the sheriff was directed by law TO buy 10
for the State literary fund. After a
given time, IL the former owner failed
TO redeem it. the title became forfeited
10 the commonwealth. This class OF
legislation with various changes existed
until 1896.
In 1890 the assembly provided that
the forfeited lands were subject 20 re-
grant, and many Of Thorn were re-en-
tered and grants issued for them. This
added another tier OF titles Then 10
1908 ~ rau1or con Fuefon worea com
founded, all forfeited laws were re-
pealed, and lands heretofore delin-
Quent and forfeited whether re-grant-
ed or not) could be redeemed by their
former owners. But this was only the
calm before the storm. All former
tempOrizing seemed In vain, Redemp-
ton day was extended from time 70
time TN ia 1886 lands not redeemed or
released from former delinQuencies
were declared forever forfeited 10 the
literary fund.
In 1887 and lS3S q law was passed
and put In operation 10 dispose of the
vast amount of lands acquired under
the last mentioned forfeiture act. All
former experience had been unSatiSiac-
tory. The Circuit Courts OF the several
counties west Of the Blue Ridge we're
authorized TO appoint a commissioner
of forfeited and delinquent lands ia
each of these counties. Lands there
tOfOre returned delinquent and sold bY
the Sheriff and bought by the State for
the literary fund, and lands that had
been dropped from the tax list FOR five
years or more, were declared forfeited,
and &c became the duty OF the COM