Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-02-17
TO CLEAR THE TITLE.
OPINION HANDED DOWN IN AN IN
TEREsTING LAND CASE.
ONLY A LAWYERS FEE.
The Property WINS Sold to Pay De-
Iinaucnt Taxes and Passed
Through Many Hnnds--It Was
Decided 10 n Lawyer for Services.

The opinion OF the United States Circuit
Court Of Appeals in the case OF J. Kemp
Bartlett VS. c. Ambrose and another,
handed down ON the last day OF the term
and just printed, afirms the decree of the
lower court.
The bill OF complaint was filed October
is, 1885. to remove cloud on the title OF
real estate. The facts Of the case are
these: Frederick Hickey. a resident OF
Baltimore. had a controversy with one
Cyrus Hall with regard 10 land situated
in the county Of Richie, w. Va. He en-
pioyed as his attorney to conduct the
controversy John r. Kcnly. a lawyer re-
siding in the same city. Kenly was TO re-
ceive one-fouTth Of the land recovered as
his fee on March 4, 1872, the suit was
compromised and Hall conveyed TO Hickey
zeS acres OF the land in dispute. There
upon Hickey conveyed by deed dated
April ls. 1872. III acres Of the land-just
one-fouTth.
THE TWO DEEDS RECORDED.
The two deeds-that Of Hall to Hickey
and that Of Hickey to Kenly-were ouly
admitted TO record in the same year-le'z'
Both deeds conveyed the land in each de-
scribed by courses. distances, ana monu-
ments. The land Of Kenly was entered IN
the tax-book OF Ritchie county in the
name of John r. Kenly as Ia acres, ana
was so charged with taxes in lSl3-H In
the latter year taxes were not PAID ana
the land returned delinquent. on OCTOBER
IL. 1875 thirty-four acres of this land was
sold by the Sheriff to Thomas Reeves Tor
the purpose of paying the taxes que Ioi
1874. Reeves soon thereafter assigned MS
purchase 10 {. Ambrose. Ambrose CON
veyed the land to Richard Wanless. NOT
withstanding this sale Of part OF the
tract IL was still carried on the land-
books as III acres. and for the years OF
1875 1876. 1877, 1878 was charged with taxes
in the name Of John Il. Kenly. II was
returned delinquent in 1879 and sold by
the Sheriff TO the same Richard Waniess'
DIDN'T RECORD REDEMPTION RE-
CEIPT.
on April q. $780, Wanless redeemed
the thirty-four acres from Harrison,
taking a redemption receipt, which. how
ever. he failed to record. on Fep-
ruary Is. 1881. having purchased Barri-
sons interest I'm the land, he obtained
n deed from the Clerk of the County
Court for the whole tract entered in the
name of Kenly. Harrison joining IN the
deed.
When Wanless purchased the thirty
four acre tract, and the whole tract
charged in Kenlys name, he was the
owner of coterminous tracts Of land,
and was then. and at the commencement
of this suit in actual possession of them:
The whole tract Of 463 acres, conveyed
by Hall to Hickey, was placed by the
Assessor in 1873 on the land-books IN
the name of Fickey. This was continued
until 1889. Hickey paid taxes each year
on the whole tract until 1884. In 1870
Fickev directed that the III acres should
be deducted from the land entered IN
his name.
In 1891 Kenly died. No tax was paid
by his representatives after that on the
III acres In 1894 the heirs at law OF
Kenlv conveyed the tract TO the APP
reliant. In 1883 appellant posted the
land. claiming as owner. and soon after
filed this bill to remove the cloud from
his title
The appellate court holds that his
testimony shows that Wanless, having
obtained his deed. asserted title at once
I'm the most open and public way by en-
closing for his sole part Of the
land. and by disposing of the timber on
the rest. He held from February, 1871.
until July. 1895 The statutory bar Is ten
years. This will bar relief in equity