The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-03
SUIT INVOLVING
100000 ACRES.
Important West Virginia
Case Appealed.
BITTERLY FOUGHT FOR MANY YEARS
Appellants Members Of Notorious
Ha5held Family - Attorneys
Fired Upon, One Shot, and
One Assailant Killed.

Under the title IS. D Hatfield and
Nancy c. Rutherford VS.. Henry c. King
an appeal now pending before the su-
preme Court of the United States, is con-
cealed what in many respects is one Of
the most remarkable cases ever brought
before that court for adjudication The
appellants in the case are members Of
the family made notorious by the Hat
field Mccoy feud-
Involved in it is not ouly the title to
about 500, 0OO acres of valuable agricuI-
turaI timber and mineral land in West
Virginia, Kentucky, and Virginia. to-
gether with the constitutionality Of the
land laws of the State first named, but
also the question of disbarring from prae-
tice before the Supreme Court Of two
attorneys against whom have been fled
charges of fixing up a fictitious and fraud
ulent suit to be used for the purpose Of
obtaining a judgment against the 400 and
odd settlers now in possession Of that
part of the land in West Virginia.
old Morris and Clinton Tracts
one tract OF this land known as the
Robert Norris survey. consisting OF
SOC. GEO acres. lying in the three States
mentioned. was granted TO Robert Morris,
of Philadelphia. by the Commonwealth OF
Virginia. under patent dated June 3,
1795-
The other tract, embracing $4,000
acres was granted by Virginia TO Dewitt
Clinton as assignee of William DuYal
February 70. 1886 This lies entirely
within the State OF West Virginia, and it
is claimed. overIaps in part the Morris
grant.
IN 1884 the West Virginia authorities,
acting under q State law providing for
the forfeiture OF lands not entered in
the land registry or upon which taxes
had not been paid for q period of five
years, brought suit against that portion
OF the Morris tract within Wyoming. LO-
gan Mingo, and Mcdowell counties The
period IN this instance was at least
eleven years and upon some parts OF the
tract it was shown that the holders
themselves had paid the taxes for more
than twenty years
Origin of Present Litigation.
Acting upon q decree in its favor the
STATE sold the lands to about four hun
dreG individuals and corporations who
are now in possession and against whom
suits OF ejectment have been filed by
Henry c. King, OF New York, who claims
ownership Of the entire Tract under con-
vevauce from Robert Morris
This litigation for possession. instituted
by King IN 1895. has been going on ever
since IN the chancery. county State, and
Uaited States circuit courts Of West Viz
giiia. and has previously been before the
Supreme Court OF the United States in one
form or another on three OF four coca
sions-
King. in addition 10 innumerabIe suits
Tor ejeCUment has sued cut many iniunc-
lions to restrain the occupants Of the
lands claimed by him from disD0sing Of
the timber or coal thereon.
Attorneys Repeatedly Fired on.
The feeling against attorneys in that
part of the State was 50 intense that they
have been fred On repeatedly. One OF
them. stiles. wes wounded. and one Of his
assistants was killed.
In the original action King SCI Up the
claim that there had been no forfeiture Of
the lands. alleging a decree pateHting the
lands under the STATE law had been OBJ
tanned by his predecessors IN 1883, but he
offered. if that decree were deemed IN
valid. 10 pay all back taxes due
Before the chaEcery suit was decided,
however, King brought an action in the
United States Circuit Court TO eject the
various holders Of the land. and from
the adverse judgment Of that court he
appealed TO the supreme Court or the
United States Pending the hearing Of
this appeal an agreement was made by
Kings attorneys and filed n court that
no action should be had in the Chancery
case or the proceedings before the com
missioner of school lands in Wyoming
county
Kings Alleged Breach of Faith.
Notwithstanding and in violation Of
this agreement, King. It Is alleged, OBJ
tanned in 1897 report from the com
missioner. and. without notice to the
parties concerned, they claim, obtained
from the Circuit Court of Wyoming county
q decree OF redemption for that portion
OF the 500 900 acres in West Virginia
The decree fixed the boundaries as
claimed by King large part Of the