Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-04
WAS SET ASIDE.
verdict of Jury in Ullman-Iaeger
Case.
Judge jackson Delivers Very E1abo-
rate Opinion Sustaining Conten-
tions of UIlman and Jaeger.

Charleston Gazette.
In an opinion exhaustively and
deliberately reviewing the evidence,
Judge Jackson, in the United States
Circuit Court, yesterday set aside the
verdict rendered by the jury in the
celebrated Ullman-Iaeger case last
January.
The reversal of the verdict carries
with it the right to new trial of the
case, provided the plaintiffs pay the
costs within forty days. Otherwise
the verdict will be permitted to stand
and Judgment will be entered accord
ingly. 1t is not likely, however, that
judgment will go in that way.
The decision of Judge Jackson holds,
in substance, that according to the pre-
ponderance of the testimony adduced
on the trial verdict should have been
rendered sustaining the contentious OF
the plaintiffs, who are A. j. Ullulan, of
Baltimore, and Col. w. G. w. Jaeger,
of WEIGH, for whom it is, therefore, a
very decided victory. The defendants
in the case are E. w. Clark AMI others,
of Philadelphia, trustees of the Flat
Top Coal Land Association.
The Ullman-Iaeger case, by which
name, for convenience sake, this suit
has become known, is a controversy
growing out of adverse claims to a
tract of about $4,000 acres of coal
lands in Mcdowell county. The Flat
Top Coal Land Association owns sew
eral immense tracts, one of about $780,
900 acres and another of about 100000
acres, adjoining A dispute arose as to
which involved the title of a strip
containing a number of the most i'm
portant coal works in the Mcdowell
section.
To include all that is claimed by the
plaintiffs, Ullman and Jaeger, a certain
controverted boundary would run from
the south fork of the Elkhorn river to
the north fork, then out from the north
fork to a call line, and follow the
courses and distances as laid down in
the patent, and on around so as to
include the entire 10000 acres. Ac-
cording to the contentious of the de-
PENDANTS, however, the boundary re-
ferred to should run up the south fork
of the Elkhorn to the junction OF that
fork with the river, then, after fol-
lowing for some distance the course
of the Elkhorn, cross the ridge to Tug
river to a point at the mouth of Adj
kin'S branch, and then on around so
as to include not more than about 49,
600 acres. In the rough pallellogram
between the patent courses and dis
tances, the line claimed by the plant
ifs, and the Elkhorn river are located
the valuable coal works alluded to
above.
The jury rendered verdict varying
from the contentious of both parties.
1t ran the controverted Elkhorn line
up to the north fork of the river, but
then turned it off up along the north
fork to the junction and along the
river, as claimed by the defendants.
From the mouth of Adkins branch,
however, it ran the line on out so as
to include about 10000 acres-just
about half of what the plaintiffs claim
ed and just about again as much as
the defendants allowed them.
The trial of the case was begun last
October and ended in January, consum-
ing about three months. An array OF
legal talent was engaged. The princi-
pal counsel were: For the plaintiffs,
Flournoy, Price & Smith and Mollohan
& McClintic, of this city; and for the
defendants, Brown, knight G Jackson,
of this city; Joseph Clark, of Philadel
phia, and A. w. Reynolds, of Prince
ton. Other attorneys engaged more or
less extensively were Judge Okey John
son, Of Morgantown, Cor plaintiffs;
and Rucker, Kellar & Hamill, of
WEIGH; Simms & Enslow, of Hunting
ton; and Congressman David e. John
ston, of Bluefeld, for defendants. A
motion to have the verdict set aside
was made, was argued few months
later and was taken under advisement
by the court.
Judge Jackson's opinion was gener
ally pronounced by those who heard
it one of the ablest ever rendered by
him. It reviewed the evidence care
fully and showed much thought and
hard uvOrl IT woc ouita Ion erfbu