Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-09-18


Since the development Of the coal
industry in the Roaring Greek field,
Randolph county, many sleepless
nights, have been passed BY those who
want TO reap some OF the Immense
wealth tied UP In the rock hound bills
In that region aud much interesting
history has been made in a very short
space OF time.
One instance that has attracted
general interest, on account OF its
complicated character, is the 205 acre
tract, adjoining Womelsdorf known as
the Patrick O'Conner land, The
tangle into which this title had been
twisted by the ingenuity Of members
of the legal fraternity seems To have
been Strengthened out, tin straight
ening il other tangles have, perhaps,
been made which may not be SO easily
Strengthened.
Early n the last century Tighlman
Hilleary, Jr., OF MARYLAND bought OF
Camden and Bailey 10000 acres, To-
Guiding much Of the upper Roaring
creek coal belt, for which be paid so
cents an acre. At that time the coun-
try was wilderness remote from pop
ulous centres, with no roads or navig-
able rivers. The railroad was unknown
to man, and II anyone dreamed of the
rich deposits OF coal lying under it
would have excited no interest, be-
cause It could not be reasonably ex-
pected that it could be gotten to any
market. Besides, there were but few
manufactures 10 the United States,
all OF which were small, and coal had
but little, If any commercial value.
TIghlman Hilleary died In lSyi, still
lowning his 5000 acres Of Roaring
creek wilderness, and It was PARTITION
ed by the circuit court OF Randolph
county, Ia 1856, between his brothers
aud sisters.
Clement T Hilleary, one of the
brothers, had assigned TO him, as his
portion, 1874 acres off the northern
part OF the tract, which included the
205 acres in question. In due course
Of time he died and the land descended
to his sole heir, Eleanor 3. M. Hill
leary. So far the whole OF the tract
purchased by the elder Hilleary had
remained In the family.
But, in 1866, Eleanor signed, seal
ed and delivered a paper writing.
which when Invested Of its imposing
legal terms and confusing repetitions,
appointed George Buckley, Of Beverly,
w. Va, her attorney intact, for the
purpose OF renting this 1874 acres of
land and collecting the rents as they
become due, but the best modern legal
skill can not construe the Imposing
tumble or 'ssaid, aforesaid, . what
Sewers and therefore, so as to
authorize the attorney-in-fact to make
sale OF or convey the whole or any part
OF the tract.
Nevertheless, In the same year,
George Buckley, as such attorney in
fact does convey this same 1874 acres
ofland to Michael Boland, and Patrick
IO'Conner, 1t Is generally known, paid
the purchase money, $4,000. Eleanor
b. M. Hilleary did not Join Ia the
conveyance to Boland although 1t Is
known that she received the amount
paid for the land, and was evidently
satisfied with the transaction.
Boland and O'Conner conveyed
away to various persons all OF the 1874
acres but the 2o5 acres, which O'Con-
ner held In undisputed possession for
many years.
On June /, 1893, Patrick O'Conner
made deed to his nephew, John p.
D'Conner, conveying the whole Of the
205 acres in consideration of 1880,
which was to have been paid at the
time OF the delivery Of the deed. The
deed, however, was procured In some
way by the grantee and placed on
record before the consideration was
paid, aud was conveyed away again
and reconveyed at once.
Patrick O'Conner then began
proceedings to recover the land and
sold it to L. III. keenan,, giving him a
contract OF sale. After going through
the courts the latter sale was held to
be good by the supreme court and the
deed To j. p. O'Conner cancelled. at
this stage G. III. Scott and w. H. Cobb
bought Mr.. Keenan's title and paid
the price OF 50, 900, receiving from the
commissioner appointed by the court
deed for the land.
John T. Davis manager OF the Junior
Coal Company, seeing the value OF the
and, and being advised that the
original conveyance from George
Buckley, as attorney in fact for Eleanor
b. Nj. Hilleary was unwarranted and
OF no effect, and that she had died
without will, decided to get down
to first principles, and hunted up
all the remote heirs of Eleanor b. nj.
IIilleary and bought their interest in
the whole 1874 acres, and took
possession. This occurred in October,
1900. aud the legal battle was
renewed. Scott & Cobb were awarded
a writ of possession at the time the
commissioners deed was executed and
took forcible possession under 1t.
The case has since drifted along,