The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-13
UNITED STATES COURT.
SUIT ARGUED TNYOLTING 100000
ACRES OF LAND.
The Ia nd IL In the State of West Virginia
Case No. eos to BE Heard To-Day on
Motion to Dismiss.


peals was In session yesterday with
Judges Cor, simonton, and Brawley on
the bench
Case No. ls7-William III. Roseborough,
petitioner. VS.. South Carolina Railway
Company ct al. appellees. Appeal from
the Circuit Court OF South Carolina. Re-
hearing denied.
Case No. 2O5-F. J. Kmball and Henry
Fink. receivers OF the Norfolk and West
ern Railroad Company, plaintiffs In error
VS. W. II. Palmer. defendant IN error.
Continued from Thursday Further ar
eued by u. L. Bailey for defendant and
by A. Fulkerson for same and case sub
mtted.
case No. 1as-Henry c. King. appellant,
VS.. Elkhorn and Sandy River Land trust
ct al. appellees. From the Circuit Court
of the Western District OF virginia AT
gued by Daniel Trigg for appellant ana
by 8 G. Graham, OF IaIe"eii' Na' Ao'
appellees, and submitted. nj
vo-oav case No. Zs-Elias T.. kie5'
annellant. rs. Albert II. Henderson, ap-
reilea Appoal from Circuit Court OF
Maryland, will be heard on motion 10 us
miss. $3.50, l.o,.nar
case No 1913 as given above Is one OF
the most important cases 20 arise al 'hls
,.rr, of the court. In the Transcript d
the Record Henry q. King sets forth the
following facts TO the judges.
rhat vour complainant is citizen OF
the state Of New York; that defendant
the Eikhorn & Sancy River Land trust
is a foreign corporation. that defendant
W NJ Ritter. is a citizen OF the state
of West Virginia, that defendant wal
ter Graham. IS a citizen OF Nrslniai ,ha'
Defendants Connolly Flankenship ana D.
". Peters. are citizens OF the STATE OF
West Virginia. that defendant j. y W.
Blankenship. IS n citizen or virginia, anu
mar the residence and citizenship or saia
Torbin and OF said Sergeant are ~ ~"
complainant unknown
Tbat the value Of the matter in dispute
herein exceeds the sum OF three ihous-
and dollars that your complainant is
the owner. I'm fee. and IS entitled 10 the
poesession OF. and is IN the actual posses
sion Of the following tract OF land. sit
nate I'm the county Of Buchanan. IN Inc
STATE Of Virginia. and within the luris-
dicfion Of his court. and described as
follows:
An that norton lyirg I'm the said coun-
~ Of buchanan Of the tract OF I'VE nun
drod thousand acres OF land. which was
granted by the Commonwealth OF virginia
10 Robert Morris. by patent Of June zS'
1875. and m said patent described as foi-
/ lows. tO-wit.
And here the boundaries n the land Is
| given.
HEAVILY TIMBERED LAND.
That said land is wild Land. covered for
| the chief part with "a heavy growth OF
marketable timber. which constitutes the
| ohief value OF said land and your COM
plainant is engaged in the organization
/ Of a corporation for the purpose among
other things 81 selling and manuiactur-
/ ing sald timber into lumber. and mas
erected upon said land near the mouth
| of a tributary OF the Tug river and known
as Green Brler creek which flows upon
/ said land. "a house and buildings intended
/ 10 Doe kent and occupied by complainant
/ and his agents and employees MS
dwelling and office. for the purpose or
/ carving on compliments business upon
said land
That said defendants without right and
| without the consent and against the
| protest OF complainant. have come upon
said land and have cut down and remoN-
cd. and are now cutting and removing
] ana threaten NN iNiiNiti'' ~ ''tf
move trees and timber of great value.
TO the great and .rrerarable injury ana
/ damage To complainant
The said land IS situated along ana
upou said Tug river. which constitutes
"A boundary between the state OF Nir-
cinla and West virginia. and me ma
/ fural and ONLY outlet Of said land is inn
mediatcly 10 said river and said defen-
dants arc removing and threatening 10
/ remove. and unless restrained 10y am or
! der Of this court will Cut ana remove
! large quantities Of timber ont or the
| state Of Virginia. where sail land Is SIT
uate. and put the same beyond the luris-
diction Of this court and beyond the
| reach OF complainant
King further prays that the dci ndAh'
be- restrained from cutting and remoV-
| ing timber from the land
We'll Balanced.
Prfsssor O. G. Cocan African explorer.
slack-rope walker and man of general
versatility and information. gave an eNhi-
/ hilton Yesterday afternoon at the foot
| Of south Tenth street IN the presence OF
several hundred spectators. ON a small
wire stretched across the canal he gave
"A truly wonderful exhibition. His per
formanco in feats of balancing = mar
vollous. and he appears as much at home
ON a slack wire as most people DO on
terra hrma.
Professor Coean Is am Enslishman.