The times. [volume] (Richmond, Va.) 1890-1903, 1893-08-04
COUNTESS Won ROGUE
WILL MEET WITH sTUMBLING
BLOCKS HERINTEREsTIN0s
The Gray and Osborne Heirs Also Cinim
Some OF tho Two Million Acres OF Land
Now Tangled Up In Court.

county but no facts on the subject could
be obtained until Tuesday, when the bill,
setting forth a statement OF the case
was flied among the archives Of the
court. Since then, attorneys and other
people interested In such matters have
given the case 10 little attention, and
there are several attorneys In Richmond
who will make their clients parties 10
the suit when the case gets far enough
| advanced in the court. There are other
| people besides the Countess. her husband
and her daughter Mrs. Florence May
brick. who claim the land. and just as
soon as Mr. Yarrell makes another move
| the Gray and Osborne heirs will step
In and call hguratiye halt
The suit Is for about two million acres
| Of land, and in speaking Of the case
yesterday, n prominent lawyer OF Rich
mond, who has made such subjects a
special study, said: 1T is ridiculous for
any one to claim that they have per
| feet title to as much as a million
acres of land located partly in Virginia.
West Virginia and Kentucky. for on in
vestigation II will be found that IL is
covered knee-deep by junior land grants,
tax titles and "squatter's rights" or. in
other words, persons who have been in
| possession long enough 10 acquire title
| by the statute OF limitations. Some
| portion Of this immense tract might be
| recovered, but II would be indeed small,
compared with the amount claimed"
The lands mentioned are either noun
tain or agricultural lands. The latter
are now mostly owned by Northern men,
who have, during the past year, settled
in Virginia. Some OF the mountain
IL
Mr.. i. r. w. Marye has I'm his posses
sion certified cople- of court records,
valuable old documents AMI excellent
knowledge OF the case, and when / found
/ rim in his law Office on Eleventh street
yesterday he was hard at work with his
law books and documents, proving that
the Gray and Osborne heirs have a prior
right TO the property mentioned In the
suit.
Why this suit and innumerable ones
that preceded It have been brought is
an interesting story, aud dates back TO
the time when Colonial Virginians carried
shot-guns on their shoulders daily and
built blockades around their houses.
Among the settlers OF the New World
was James Swan, who must have come
TO Virginia with no small amount OF this
worlds riches. History records that
he received large land grants and pur-
chased large tracts from other settlers.
Having invested, evidently. all Of his
wealth. his heart yearned for the de-
lights Of Paris. and in 1896 he went 10
that gay capital. This trip might have
been the result Of the tales which the
officers Of the French army. under Lafay-
cite. told the colonial settler for sub
sequent events go to prove that he was
known by those gallant officers and aids
/ to American independence.
While in Paris Swan met his old com
rades-in-arms and renewed those friend
ships formed around the camp fire and
battlefield. The gayeties Of the capital
depleted his purse. for history again re-
cords that he borrowed large sums from
his frends-the French officers. Men
ton is made Of this fact In an act Of
the Virginia General Assembly passed
March 15, 1853.
In the meantime, how ver, while Swan
was attending swell receptions and criti-
| cising art I'm Paris. his lands reverted
| 10 the Commonwealth OF Virginia on ac-
| count Of the nOn-payment Of taxes. The
law provided at that time that such Ian Is
or prof. erty should be vested to the lit
erary fur d OF the State. and the staTute
! books Of the Commonwealth OF that
period prove that such a procedure took
place.
On November y, Ri9, Swan. still in
| Paris, mad, a iced TO David Cooper
Swan, Charles William Justo Jerome and
Lewis Phlibert Brue de Aubignose CON
veying TO them 1859 SO acres OF land,
the greater part Of which being in the
| state of Virginia, for the use OF Lewis
EisenmenGer and others in the deed men
| toned. Eisenmenger had evidently be-
come acquainted vita Swan after the
latter's arrival in Paris. for Eisenm IN
/ ger was not In the Revolution. on the
contrary, he was a member OF the court,
and at one time acted as the Kings pn-
vate secretary
Eisenmenger possessed a one-tweifth
interest in the land conveyed, and he was
/ shrewd enough to Immediately come TO
this country. He visited Richmond, and
| while here became largely indebted to the
firm OF Gray a. Pankey. then one OF the
leading mercantile houses Of Richmond
This was a thoroughly business-like pro
cedure for the firm had correspondents
In London and Paris and could have
| easily ascertained who Eisenmenger was
and his position in the financial world.
To secure Gray q Pankey, Eisenmenger
made deed OF trust to Charles Il. WI
liams and William c.. Pendleton. convey
ing his one-twefth interest in the lands
10 secure to the firm the moneys advanced
! him. After this was done ne Instituted
=
in this city, held at the Capitol. for the
purpose of having his one-twelfth inte-
est conveyed in trust to Williams & Pen
dleton.
On the 22d of June. 1921, decree was
| entered In the cause by which the court
appointed Colonel John Armistead. Henry
Anderson, William II. Shields, Branch T.
| Archer, Charles Y. T. Abraham and John
/ Carter commissioners 10 set aside 10
Eisenmenger his one-twelfth interest. The
next month-July 30th-John Armistead,
/ Henry Anderson, William III. Shields AID
/ Charles Y. Abraham, four OF the com
missioners, reported TO the court that
in pursuance to the decree entered the
month before, they had allotted TO Eisen-
menger the following tracts OF lands
as his one-twelfth interest
! Fifty thousand acres in the counties OF
Monroe and Giles, 5000 acres in the
1 county Of Campbell, $1,000 acres In the
county of Bath four tracts of land con-
| tanning 1900 acres in-the county OF Bath,
! 1900 acres In the county of Bath PISS Ia
| acres in the county of Russell, 10000 acres
| in the county OF Monongahela, 5000
acres in the county OF Wythe, 1000 acres
! in the county of Montgomery, A,W0 acres
| in the county Of Kanawha, 3,i2 acres in
] the couxy of Kanawha and LOO acres IN
the county of Kanawha.
/ About three years later, on February
%. 1890 the General Assembly then evil
/ deItly not observing Washington's birth
day as a holiday passed an act authoriz-
| In. the Board Of Literary Fund commits
| sioners to release TO Eisenmenger the
! Lids which had been set aside 10 MIN