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

|
or grants are commonly known as
"iunior grants" and cover vast terri-
tories. usually in smaller surveys than
their prototypes Of fifty or seventy
wears prior. So that under the old
grants the land sometimes had several
titles or grants covering it; then there
were the repealed grants; now came the
I junior grants.
/ During all these efforts Of the State
to dispose Of her vacant land and hel
/ forfeited and delinquent lands, there
was coupled with nearly every act
ttle-Settling provision that passed any
title, forfeited to the State, TO the title
OF any one who held a grant covering
| the same or any part OF the same tract
/ Of land under said grant and was pay
/ ing taxes, so that many OF the forfeited
grants merged into the other titles, and
| this could happen whether the one was
older OF younger. This provision also
included holders of land purchased ol
I the commissioner Of forfeited and deiin-
ouent lands; the manifest object oil
| these provisions being to favor the tax
payer over the delinquent claimant To
| the extent OF taking the title Of the lat
/ ter and giving it TO the former by oper-
alton of law, thus rewarding the pio-
| neer and taxpaying landowner.
The constitution Of West Virginia
went into effect June 20, 1868, and II
/ contained a provision fOrbidding furth-
or grants except to mature those al
ready begun. The land Office, having
Z been inaugurated during the War OF
! the Revolution, was finally abandoned,
after nearly ninety years, amidst the
War OF the Rebellion, The West Nir-
ginia legislation makers OF 1868 proyid-
ed last chance for land claimants IN
der the Old regime TO come in on or be-
fore the first day OF January, 1865, aud
place their lands upon the tax lists,
where they were off OF those lists, and
pay up the back taxes since 1881 and be
released OF all forfeitures, except, OF
course, where the forfeited title had
been merged, orr portion Of IL, in the
title Of some bona fde owners occupying
or paying taxes under some other grant
or sale by the State.
This provision was taken advantage
OF TO a limited extent and several OF
the old titles were resurrected. The
constitution OF West Virginia OF 1872
contained the same provisions as that
OF 1868 in relation 10 grants, and tncor-
p0rated the saving provision or the
Virginia law makers in relation TO the
merging OF forfeited titles, on those VINO
| fail TO pay taxes, into the title OF claim
ants OF the same land who occupy and
pay taxes for a given time. When
! lands are vacant or forfeited under the
laws of West Virginia and no one
/ claims them or pays taxes except those
i'm whose name the forfeiture
occurred they are carefully
surveyed and reported 20 the Circuit
Colrt by the Commissioner Of School
/ Lands, and after due notice 10 former
claimants, II not redeemed, they are
| sold Of public auction. FOrfeitures &C.
curing since the formation Of this State,
as was the case before since 1881, inure
/ 10 the benent of other claimants who
I are fin position to take the benefit OF IL,
/ that Is, have paid their taxes, etc. This
emerging" provision has been the great
graveyard Of delinquent titles, and has
at last succeeded in burying all the
dead rubbish of the past century, or
where not yet buried the smell indicates
plainly the necessity for 10.
have given this imperfect account
( of the several eras and provisions
of our land laws so as to be
able 70 call attention intelligi-
/ bly TO the origin Of the wild cat,
bogus. paper and other worthless titles
| that are frequently sold la northern,
eastern and western cities for tribe
per acre. titles TO which, so far as the
chain of title from the commonwealth
20 the person Offering to sell goes, are
so perfect that they would have de-
| ceiyed the very elect, lawyers and bust
ness men of distant communities. The
grant is usually upon parchment, as
/ old as the government, signed by such
/ Hustrious men as Patrick Henry,
Thomas Jefferson, Beverly Randolph,
and other worthless who acted as chief
/ magistrates Of the Old Dominion in that
"elder day" But the land granted
may have been granted before. 1t may
| have been granted afterward, and the
grantee may have taken possession and
may have 10 yet, paying taxes. II he
/ has, and actually occupies the land ten
or more years, paying taxes, he will
/ take TO- Adverse possession natures
his rights, even If taxes are paid under
/ both titles.
Ii may, be, and q hundred to one it IS
true, that the title offered has never
7 paid any taxes. Yet people will buy
/ these titles without inQuiring whether
\ the title has been forfeited for non-Day-
/ ment OF taxes, or nOn-entry on the tax
/ lists, aud this latter is a favorite dodge.
\ The fellow who wishes TO sell wilrget
I some official TO certify that from the
/ records OF his Office there appears TO be
no taxes charged against said land.
| Ii may not have been on the tax list
I for a hundred years, and Of course nc
taxes are charged against it, yet the
uususpecting buyer thinks it means that
/ al taxes have been paid.
The mistake people who wish to buy
make, Is In not having the matter eX'
amiued into by some one competent to
I do so before buying. Hardly week
I naszos hint soma man comes or writes &c