The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-03

Dewitt Clinton tracts and other lands
shown by other records to be outside the
| limits of the grant. being included
King then paid the back taxes on the
| land together with interest and costs, and
| renewed proceedings in ejectment against
| the alleged -sQuatteFs. He was, how
ever, enioined from taking any advan-
| tage of the decree By an injunction, which
also restrained the commissioner from
paying out any of the money received
from King That Injunction is still in
force
While the constitutionality of the law
of West Virginia FORGETTING title to lands
for non-registry and non-payment Of
taxes during period Of five years, is the
real basis of the appeal TO the Supreme
! Court and that State is represented in
the case by special act of the West Vir-
gfnia Legislature which also appropri-
ated 81 coo for prosecuting it, yet that
question is not even touched upon in the
motion filed by counsel for the Common
wealth.
Neither is it mentioned in the various
petitions fled by the numerous parties
interested.
Serious Charges Made.
Former Attorney General Rucker. OF
West Virginia, in his brief in behalf Of
the State. asks the Supreme Court first to
declare null and. void all proceedings in
the case. both in this court and in the
court below, for the reason that il is a
fictitious proceeding. entirely under the
control of Henry c. King and his cOun-
sci, feigned for the purpose Of obtaining
IN the absence Of any real opposition an
opinion and DEGREES for use against the
present holders of the lands IN question,
and that the tendency Of the suit has so
| far as possible been concealed from the
numerous persons whose interests 1t was
intended should be affected by its result.
Second, that the DEGREES IN the courts
below be declared void on the ground of
collision, and. third, that Maynard F.
Stiles and Henry c. Plesher- Kings at
| tcrneys, be disbarTed anu proceeded
against for contempt OF court for bringing
/ a ridiculous case before II and for other
| alleged unprofess.onai practices.
Grounds for the Action.
The grounds upon which this unusual
action is based are set out at some length
/ in the various petitions and affidayits pre-
! scented on behalf of the appellants and
/ those who ask the court for the priv
/ Iege of intervening in the present action.
1 Stuart Wood and thirty-fve other holders
Of the land including water. mining. and
lumber companies. claiming bona fde
/ ownership of the land, charge King,
/ FlesheT. and Stiles with bringing and car
! rying on this fictitious suit in the Cir
! cult Court without the knowledge Of the
{ rural defendants, that il does not appear
/ from the records of the Circuit Court that
III mol
4 stituted; that no process was ever is
{ sued against either 5 D. Hatfield or
/ Nancy c Rutherford; that the alleged
J orders and DEGREES made IN that case
! we're not entered in the order book OF the
! court and that 10 record OF the pend
! ercy Of this suit in that court is shown
+ until application Was made for = Certitiea-
/ ton Of the record for the purpose OF ap-
/ pealing the case.
They further charge that 5. D. Hatfield
( and Nancy Rutherford did not authorize
FIesher TO appear for them in the case
{ or appeal il. and that neither Of them
/ knew OF the suit until It had been ap-
pealed TO the Supreme Court. their All
davits to that effect being attached
MixsInE From the Records
FIesher. IT is also charged, fled, as at
torney for Mrs. Hatfield, Mrs Rutherford
! and William CIaypooi, a statement OF
fact in an ejeetment suit against them.
although all three of them in their afr
davits deny signing il. which statement
II is alleged. has mysteEiously disappear
/ ed from the court records.
! The petition further ayers that Flesher
had been suspended from practice by she
circuit court Of Jackson county. for not
pavine over money collected as attorney.
As TO Stiles, the petitioners charge him
with falsely stating IN he original bill
{ that King was in possession Of the lands
of Mrs Hatfield, as he had for years
known OF her occupancy They also cite
1 the record of the circuit court Of Wyo-
ming county showing Stiles name striek-
Z en- from the roll Of attorneys before that
court for unprOfessiOnal conduct in the
King contest. although this action vas
afterward reversed by the higher court
Family of Feud Fame.
It is also alleged that the name Nancy
c. Rutherford" one Of the alleged appel
Iants, Is false. as she since 1885 has been
Nancy c. Browning by reason Of her mr.
rage. and that that that marriage was
known to Kings attorney.
Mrs. Browning. II appears from her aft
davit. is the daughter of Sarah D. and
Joseph Hatfield and the granddaughter
Of Ably Hatfield all members of the family
=
feud- Mrs Hatfield claims UnbT0ken pos
session OF her land for thirty two years,
and deed by Ably Hatfield to his daugh-
ter Martha ToIer, dated 1861, SHOWS the
latter had since that date been il posses
sion Of that portion OF the Hatfield tract.
The record Of the latter deed in the
clerks Office of Logan county has, how
ever, been mutiIated- Other afldaViJs
show the land had been il possession Of
the Hatfelds for al least since 1858.
stiles Alleged PrUmIses.
Mrs. Hatfield deposes regarding the ar
rangemeat between her and Stiles regard
ing the suit that the latter had proposed
to defend her title TO the lands in an
ejectment suit promising to pay all ex-
penses and TO reconvey her lands to her
If King won the suit.
Her affidavit further declares that stiles
suggested F1esher, che Of Kings attor-