The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-11
UNITED STATES COURT.
x,vponYxNT LANDCASE ARGUED
xcFOHE JUsTfCE FULLER.
Ar,.ct Of Fifty-Nine Thousand Acres A"'
volved In North CAro''n"--ot"sr
Cases in tho Court.


.n.a,s Yesterday. Chief Justice Fuiier
and Judges Goff and Brawley pres'o'"S'
case No. 200 was taken up.
=, g. ,ha, OF william w. Patton pam
.,o in error. vs.. the southern hai'"aS
romnany. defendant in error. inc c"S1
comes 10 this court on writ OF error
from tho Circuit Court OF the ol'''1
states western District OF Norm |a''
lima. T. davidson
and f. a. sondley for platinum !" pason
and by Charles Price ana W.
for defendant in error. .-,,c IN
nc,ition was made for a rchea'ime "
,asos Nos l4s and 49,. TIE court WIN uu
eide nj this term whether the case'
be rcheard. CASE
~a.n No 90 ]. J Newman, plaih''ii -
.rror VS. the virginia. Tennessee 49,
C-o,tns stool and Iron Company o'ie"n
AMI I'm error. came up Tor arg -
en-. afternoon session OF the court So
,.ss arpued by Charles A. Moore to'
,o,aants in error and by Alireu o 90,
nord for plaintiff In error NE ,ho
comes from the Circuit No"i' -,
Western district Of North 'aro''" -
Asheville. where Judge simoh'o.' -
., md rendered a verdict IN favor Va
the defendants. 49, ,,os, i'm
,or,an, ~ arise AT this term of the court.
,nvolves n tract Of hfty-nine thousano
acres OF land, ,.o,,oh,
-rbis Is an action Of ejectment brought
~ tho defendant I'm error. 10 recover Ger
,a,, lands described in the complaint.
,rhero were two cases against different
aofondants of whom the plaintiff IN
orror was ono but the cases were con
.ol,dated The controversy was the u''o
90 tho tract OF land described I'm the grant
NJ tho State Of North Carolina 10 WI
,,or catbcart dated July 2oth. 1875. dos
,ribine 81 go acres. hut containing an
.xcontion therein Of 2000 acres, leaving,
therefore the number Of acres granted
"a be 5000. The defendants In error
claimed that this tract was located
south Of what Is known as the Wilkes
county line. This contention was denied
Wv the plaintiff I'm error who clalinen
that II the said tract could be located AT
an. the beginning corner and closing
line must be on the Wilkes county line.
and all the land lie north or said line, ana
that tho paintiff I'm error had never heen
IN possession of any land north OF saio
wilkes county line The land when the
defendant in error claims that the PLAIN
tiff In error Is i'm possession OF ana
wronqfullv holds. is shown by the evil
6ence and the plat TO be far south OF
10 wilkes county line There was
further contention that even II the de-
PENDANT i'm error could locate the $4,000
acre tract south OF tho wilkes county
line the evidence showed that 1t was
too far west 10 cover tho iand Of which
the plaintiff in error Is IL possession
And the following are the aS'i'nments
Of error upon which the plaintiff in error
relies. to-wit:
THE ASSIGNMENTS OF ERROR.
The defendant in error introduced on
the trial as part of its claim Of title.
First. a certified copy OF SAID srant for
6.000 acres with the 1000 acres excep
ton. which grant was to William Cath
cart.
Second deed from William cathcs,t
TO Robert c. Latmer. dated April 10Th
179s
Third. deed from Robert c. Latmer
10 William Cathcart. George Iatimer.
Henry Latimer and Richard Dale, dated
February 3Oth. 1928.
Fourth. a copy OF the last will and tes-
lament Of William Cathcart dated in 1905
These are the main assignments in error
in the plaintiffs brief.
THE DEFENDANTS STATEMENT.
Tho defendants I'm error submit the fol-
lowing as correct statement Of the
case:
This Is writ of error to the Circuit Court
OF the United States. Western District
OF North Carolina. upon two cases. con-
solidated and tried as one action in the
court. between the defendants in error
Virginia. Tennessee and Carolina Steel
and Iron Company as plaintiff in both
cases, and the plaintiff in error herein,
j. J. Newman. as defendant I'm one case.
and William Cuthbertson and fourteen
others as defendants I'm the other case.
The defendants i'm error allege their own
erships In fee in two adjoining tracts OF
land. to-wit:
First tract.-An that certain lot Of land
situated in the counties OF Mitchell and
Watauga in the State of North Carolina.
Here the boundaries are given.
Second tract.-All that other tract Of
land, situated in the county of Mitchell
Here the boundaries are given.
They also allege that the defendants
therein. were wrongfully in possession
thereof. and were unlawfully Withholding
the same from them; that they, the said
defendants therein, We're in the percep-
ton of the rents and profits thereof, and
were destroying the timber thereon and
removing the same whereby they were
damaged $500 and more. and they demand
ed judgment for the possession OF said
land and damages. At some length the
defendants so on TO state their case and
reply TO the assignments of error of the
plaintiffs
Chief Justice Fuller and his associated
judges. Goff. Slmonton, and Brawley, and
Judge Hughes. were handsomely enter
tanned at lunch yesterday at Ruegers by
United States Marshal Mr.. J. NJ Hudg-
ms