The times. [volume] (Richmond, Va.) 1890-1903, 1901-11-07
BUSY TERM BEFORE
COURT OF APPEALS.
Many Decisions Handed Down on
First Day Of Session.
|. FAMOUS LAND CASE ARGUED,
!. Action of Eiectmeut Brought by King Will
Consume The Next Two Days-The
Opinions Handed Down by
the Court.
FAMOUS LAND CASE ARGUED.

The United States CIRCUIT Court OF -Ap-
/ 7eals convened yesterday morning for its
November term. Judge John j. Jackson,
OF West Virginia, being delayed, did hot
arrive until last night, so on yesterday
the court was composed of Circuit Judges
Goff and S1monton, and District Judge
Purnell, of North Carolina
The court has before l. a 5usyg term,
j and will probably consume The remainder
sof the month before the calendar is
cleared yesterday morning decisions
were announced and handed down in sew
oral important cases. The afternoon SEES
sion was consumed by argument in the
famous case of ]. \. Watkins ana S. a.
D.. Baldwin, plaintiffs in error, versus
Henry G. King, defendant in error.
BIG LAND CASE.
This is an action of ejectment which
was brought by Henry c. King, "a citizen
of New York, against Joshua Justus and
seventy-two other defendants, citizens 81
Buchanan county, Virginia. The plaintiff,
King, in the suit claimed land embraced
in a grant made by the Commonwealth
, Of Virginia to Robert Morris, bearing
date the sd day of June, 1875. The dc
claration sets forth the boundary and
description Of the land as it is set forth
in said grant. In his amended declara-
ton King claims the land by courses and
distances and other descriptive matter
contained in the grant. This grant, If
run by course and distance, would en-
brace lands lying in the three States of
West Virginia, Virginia and Kentucky.
The object of this suit was, of course, to
recover only SO much of said land as lies
in this State; and all that now lies in
Virginia is in the county of Buchanan,
and is estimated to be about 10000 acres.
The cause was tried at Abingdon as TO
the plaintiffs in error here and one Eli
Hurley, but not as to the other defen-
xlants named in the declaration before
Judge Paul. land on the 10Th of Septeln-
Der, 1899, the jury found verdict in ia
vor Of the plaintiff, King, for all the land
set forth in the amended declaration, and
several thousand acres more. except 2S2
acres, as to which the jury found for the
defendant Hurley.
During the progress of the trial many
exceptions were taken to the rulings Of
Judge Paul. upon which the record shows
seventy-iye assignments Of error were
based
The record in the case is a very vol
luminous one. covering some nine hundred
printed pages. and record of seventeen
maps and plots, and counsel have filed
some seven sets of briefs in the cause.
The casa is nows being reargued before
the Circuit Court of Appeals by Z. /.
VInson, of Huntington, West Virginia; z.
r. Henry. of Tazewell Virginia, and
William Z. Burns, of Lebanon, Va, for
che plaintiffs in error. and by Maynard
f. Stiles and S. L. F'lournoy, of West
Virginia, for the defendant in error. The
argument took up the whole Of the AZ
ternoon session yesterday and Will con-
sumo the entire session to-day to COM
,nIefa The case The matter is being Eery
a1otly contested by the above lawyers,
VINO are considered among the best IN.
formed lawyers on the question Of land
grants and titles in Virginia and West
Virginia 80;
The case will he argued by Major X
f. Henry of Tazeweli. and William 4.
Burns, of Lebanon. for the plaintiff IN
error. and. by. NJ. +. Stiles and S. H..
lTlcnrnoS of Charleston. w. Va. Tor de-
sendant IN error, and will probably con-
sumo two days.
LARGE ATTENDANCE.
There was quite large attendance ny
members OF the Charleston. S. c., Nor
folk, Va. Nest Virginia. and Richmond
Bar in the courtroom during the an
,ouncement of the opinions OF the court
yesterday morning.
Among the decisions handed down by
the court are the following OF import
ancc and interest:
The decision of the lower court in the
case of Daniel IL. sLamson, late master