Birmingham state herald., 1895-12-19
BIC LAND CASE DECIDED
After Years of Vexation Maj.
 Hugh Carlisle TriumphS'
10000 ACRES ARE INVOLVED
The Federal Court Renders Decision in the Case Against Carlisle and the COosa
 Raj pad Company.

One of the biggest land cases ever liti- gated in Alabama was decided in the fed eral court yesterday
 It was the case of the United States against Hugh Carlisle and the Tennessee and Coosa Railroad company. The de- fendants won, and the chief party in in- terest, Maj. Hugh Carlisle, is receiving congratulations from far and near over the happy issue of what had long been to him great business. .yexation.
 The land involved about 10000 acres, which were originally granted by act of congress in 1856 to aid in the construc- tion of the Tennessee and Coosa railroad. A bill was filed in November 1891, to for felt the grant This bill alleged that the road had not been completed within the ten years prescribed by the granting act. The bulk of the land had been conveyed to Major Carlisle in payment for con structing and equipping the road. The government contended, first, that the road had not been constructed within the ten years required, and that the deed to Hugh Carlisle was colorable only, and that he really held the-land as trustee for the railroad.
 The court in it's final decree found that the Tennessee and Coosa Railroad com- pany sold to Major Carlisle and other bona fide purchasers prior to September 29, 1890, the date of the passage of the forfeiture act, all the lands embraced in the first 120 sections. which, by the terms of the granting act, it was authorized to sell in advance of the construction of the road or any part thereof. The court also found that the road from Gadsden to Lit teton had been completed and was in op- eration by September 29, 1S90 and the lands opposite that part had not been forfeited, and for that reason the court held that none of the land had been for feited; that the sale to Carlisle was bona fide, based on a good consideration, the proceeds being used for the construction and equipment of the road.
 Something like 1900 squatters and pur- chasers had settled upon the land, many of them being purchasers from Major Carlisle or the railroad company, but had refused to make payment, hoping to get possession and title by entry from the government Some of these had em- ployed F. S. White, Esq, of this city to assist the district attorney Major Car lisle was represented by Amos D. Good hue, Esq, of Gadsden and the railroad company by Judge R.rCs Brickell and Hon. oscar Hundley of Huntsville. The courts decision directed the receiver, Owen T.. Holmes, to place the property immediately in the possession of Major Carlisle.
 With the 10000 acres go about 800 notes. with interest. ranging from $100 to $400. In the territory is comprised some of the best mineral lands in the state as we'll as valuable farm lands, in a wonderfully beautiful and picturesque region. In- cluded in it are the ore mines of the Eto- wah Mining company 0he Crudups), which has been for the last eight years turning out from 400 to 300 tons of red hematte ore, which has generally been shipped to South Pfttsburg, Tenn. An other large body of the land adjoins the big Dwight cotton manufacturing plant at Alabama City.
 The litigation over this property has been a stumbling block in the way of it's development to many an anxious in- vestor, who had no doubt of its valuable possibilities. It has, several thousand acres of valuable iron ore lands, such as are utilized by the furnaces of the Bir- mingham district, and vast area of good coking coal lands, where coal can be handled to water transportation by the simple aid of gravity,
 Old citizens of the state have been long familiar with Major Carlisle and his Coosa river railroad. The road was at first one of the dreams of the late Judge Louis 'Wyeth of Guntersville. whose memory Is yet blessed in all north. Alabama He often expressed the hope live to see the day when the waters of the Tennessee and Coosa would be united by this road. With him were as- sociated such well known citizens of the MarSndll county country as AlDert G. Henry, Dr. Joseph Bivins, Gen. s. K. Reyburn. Sam Henry, Gabriel Hughes, Henry l.. Miller and Wendolin Siebold
 Major Carlisle's estate is now as grand as any of the titled lairds in his native country, Scotland. whence he came to be a sturdy American citizen and val ued and honored Alabamian. His tr- umph will be glad news to his hosts of friends and well-wishers all over Ala bama. He was one of the unfiagging pioneers of progressive industrial Ala bama. He showed his zeal and proved his faith in the Coosa railroad by spend ing $250,O00 in it and sticking to it after it had been all but abandoned by every body else. On account of the heavy grad ing it was an unusually difficult road to build, one mile of it costing as much as $110,000 s.-',.',e.t ."e-oe coo
 Major Carlisle, friend told the State Herald representative yesterday, will be a generous and forbearing landlord and creditor to his numerous tenants and debtors, and expressed the Opinion that honest purchasers .of4the lands ought to be satisfied at least that all doubt as to the title was now removed.