Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-02-13
A BIG LAND CASE.
ONE INVOLVING AN IMMENSE
TRACT ARGUED IN U. $. COURT.
SITUATED IN BUCHANAN COUNTY.
Two Interesting Railroad Cases Sub
NATURALIZATION for n Mnndamus
Against Judge Paui-Attorncys Adj
mitscd-Court 20 Take n Recess.

The United States Circuit Court OF
Appeals was in session yesterday. with
Judges Con, simonton, and Brawley. on
the bench Argument was heard in the
case Of Henry c. King, appellant, VS.. Elk
horn and Sandy-River Land Trust ct. al,
appeliees II is an appealfr from the Circuit
Court of the Western District OF Virginia.
The cause was argued by Daniel Trigg
for appellant and by " G. Graham, OF
Tazewell. Va. for the appellees, and sub
mitted.
TIE statement Of the case sets
forth that ION the 7th day Of April. 1888,
the appellant. Henry c. King. filed his
bin in the Circuit Court OF the United
States for the Fourth judicial Circuit
at Harrisonburg Va, setting forth tha'
by sundry mesne conveyances exhibited
with said bill. he claimed 10 be the owner
of certain tract Of land lying In the
county of Buchanan. in the State of Nir-
sinia. embraced in grant of the Com
monwealth OF Virginia to Robert MOTIFS
OF date. June @. 1895 for 10000 acres
4 That the said tract of land is wild land'
covered for the chief part with heaVy
growth of marketable timber. which con-
stitutes the chief value Of the land; ana
that for the preservation and utilizauOn
thereof the appellant was taxing tne
stems Sc, forth and named In said Dill.
That In derogation Of the right anu
title OF the complainant. the defendants
who are the appellees. had come upon t"s
said land and without consent ana
against the protest of complainant "eLe
proceeding to cut down and remove the
said timber. 10 the irreparable damage
of the complainant, ana thereupoh pray
ing that an order might be maue up"n
The defendants that they appear ana
shew cause why an injunction shouiu
not be awarded against them perpetuhlV
restraining them from cutting i,5
npon and removing from the SAID laho'
and from entering upon the same OF
bfndering or restraining complainant IN
the use and enjoyment thereof, or from
interfering in any manner with Complain
ami in the use Of said land, and from
committing trespass thereon, etc.
APPLY FOR A MANDAMUS.
Tn the case of S. p. Chapman VS.. the
Yellow-Poplar Lumber Company appn-
cation for mandamus against Judge Faul
was made by the Yellow-Poplar LUMBER
Company, through their counsel, Hon .,
N Baldwin, of Iowa. Judge PAU helu
that the cause could not be heard IN the
lower court until costs of action had
been paid amounting to $4,000. ne COM
pany claimed that Chapman was in
solvent. and petitioned the judges 1t
the appellate court that the case should
be heard without costs being advanced.
The case was before the court
Mt the last term. and the Poplar
Lumber Company was granted a new
trial. Judge Paul's decision teing re-
versed.
The Judges took the matter uDcer ad-
visement-
OTHER MATTERS.
No 1877. William H. Rosborough pc
titioner VS.. South Carolina Railway Com
pany. ct al, appellees. Appeal from the
Circuit Court of South Carolina. Re-
hearing denied.
No. POS. f. j. Kimball and Henry Fink,
receivers of the Norfolk and Western
Railroad Company. plaintiffs in error,
VS.. W. II. Palmer defendant in error.
in error 10 the Circuit Court, Western
District OF Virginia. Continued from
yesterday Further argued by ID. f.
Bailey. for defendant in error. and by
A. Fulkerson, for defendant in error,
and cause submitted.
In the case Of j. Byers Bryson. plain
tiff in error. VS. Henry Rooms. defendant
in error. the cause was dismissed, with
costs under Rule 16.
Court then adjourned, TO meet this
morning at 10 O'clock when Case No.
2Os-Elias Z. Ries appellant. VS.. Albert
II. Henderson. appellee; appeal from the
Circuit Court Of Maryland-will be heard,
on motion 10 dismiss. The court will
take recess to-day for several days.
William +. Burns. Lebanon, Va. and
Daniel Trigg. of Abingdon, Va, were
admitted as attorneys OF the court.