Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-04-05
IMPORTANT DECISION
MADE BY The SUPREME COURT, YES
TERDAY,
In an Oil Case Involving Very Valuable Prop
sry in the SiSisrs7ills
Field.

kilograms received In THIS city yes
terday announced a very i'm portant de-
cree by the Supreme Court, sitting at
Charleston, involving title to some of
the most valuable property in the Sis
tersville oil field.
The case was that of w. h. Gillespie,
assignee of the heirs Of David Hick-
man, and certain of said heirs, v. Capt,
Jos. T. Jones, ct al. Capt. Jones is an
extensive oil operator, formerly OF New
York, while Mr.. Gillespie and the other
litigants are residents of Sistersville and
vicinity.
In December, 1891. Capt. Jones pur-
chased the Williamson farm, containing
one hundred and sixty-fiye acres, lying
close to the town of SlsterSyllle, for the
sum Of $4,000, the purchase being made
At judicial sale. In May, 1892, Capt.
Jones began drilling wells for the pur-
pose of developing the property,
and in the course OF about
a year expended about S150O00
in this work, putting down twenty-siX
wells on the land. These wells at first,
aud for a long time, produced about 700
or 500 barrels of oil per day, and are
yet producing 800 barrels per day.
In July last plaintiff brought suit,
alleging the judicial sale to Jones TO be
invalid, and asking TO recover the land
from Jones by decree, and also TO COM
pei him to account TO: all oil produced
or to be produced. Judge Jacob, in
the Circuit Court of Tyler county,
granted plaintiffs prayer for receiver,
and also enjoned the pipe line company
from disposing Of any oil produced.
Captain Jones appealed from the order
appointing a receiver and also from an
order OF the Circuit Court Of Tyler coun-
", refusing to dissolve the Injunction.
The case was argued at the January
terms of the Supreme Court at Charles
ton, and the appeal was very warmly
contested, the array Of legal talent be-
ing a strong one, and the cause in
Volved many interesting and novel
points Of oil law, and the case was also
an important one in view OF the value
of the property involved, the tract OF
land, oil, ETC., representing something
like 100000.
In the opinion Of the Supreme Court,
handed down by Judge Holt, yesterday,
il was held that Capt. Jones was the
owner in fee Of three-tenths of the land,
and also OF the life estate OF Mrs. Eliza
Williamson, and that Capt Jones is en-
titled to the oil produced, except one
eighth of seven-tenths. The cause is
remanded to the Circuit Court Of Tyler
county for new decree.
This decree Of the Supreme Court is
not a final one, buG should the proofs
stand the same hereafter as at present,
il settles the principles upon which tho
cause will be finally decided. 1t reverses
the Court below, and holds, as the case
now stands, AMI on the proofs as they
row appear, that Captain Jones has
good title TO Observation-Disclosures of
the land in controversy. Captain Jones
was represented by Caldwell &c
Caldwell, of this city, and those
with him by Blackmarr q Young,
OF SlsterSville, while the other side was
represented by Hon. John A. Hutchin-
son, Judge Thos. l. Stealey, Of Parkers-
burg, and j. II. Mccoy, of Sistersville.
The Judges Of the Supreme Court
handed down some other important
opinions yesterday, as follows:
M'Claugherty VS.. Cooper, from Mer-
Ger county, opinion by Dent; decree OF
Circuit Court reversed and case remand
ed for new trial.
Polling VS.. Huffman, from Barbour
county, opinion by Dent; decree Of Cir
cult Court reversed and demurrer over
ruled.
Krell Piano Co. VS.. Dent, from Kama
wha county, opinion by Holt; decree Of
Circuit Court reversed and case re-
mauded.
Baxter vs.. Wade, from Bra1ton coun-
ty, opinion by English; decree OF. Cir
cult Court reversed and case remanded.
Rogers VS.. Coal River Boom Co., from
Kanawha county, opinion by English;
decree Of Circuit Court reversed and
case remanded.
Walkers adm. vs.. Peck, trustee, from
Barbour county, opinion by Brannon;
decree Of Circuit Court affirmed.
Morgan's committee VS.. Morgan and
others, from Monongalia county, opin-
ion by Brannon; decree OF Circuit Court
reversed and bill dismissed without
prejudice to future suit.
Roush VS.. Vilsr from Mason county;
appeal allowed.
Hitchcock VS.. Morrison from Richie
county; writ Of certiorari awarded to
bring up ommitted portions of record.
Adjourned till next Saturday.