The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-08
THE OLDEST SUIT
IN VIRGINIA IN
Closes This Week After
Centurys Litlg gatio1l.
IN SUPREME COURT
Thrice Argued Before Highest Irf TI
bunal by Able Talent.
MANY THOUSANDS INVOLVED 'l:
MANY THOUSANDS INVOLVED
1t is the Famous Case Of Dismal Land Con
pany Assinst Anderson's Representative
and Others = Before Judge Lamb
on Report Of Special Commits
sion.r Old, Of Norfolk
Interesting History.

=
The Oldest case in litigation in Virgtnia
will close in few days 1t is
probably the Oldest case In auy State ia
the Union, certainly one Of the Oldest
It Is now before Judge James c. Lamha
in the chancery Court of Richmond
This Is the famous Dismal Swamp Land
Company, ETC., VS.. Anderson's PERSONAL
representative and others. The cause Of 8
the litigation arose in 1877. possibly as
early as 17ya The original amount In
voIved was S51, ,G00.71. ali has been paid
now but s2l6T. This last amount Is now
in the Planters National Bank, Of Rich
mond, subject to the order of Judge
Lamb. The land, brought into question
as the cause of the litigation, Is that his
tortc tract of Yorktown.
The case comes up In the Chancery
Court of this city in the report OF
William W. Old, special commissioners.
one of the most prominent lawyers of
Norfolk. Judge Lamb has recently is
sued a decree accepting the report. Is
a few days he will issue another decree
authorizing the distribution of the sum
of s21671 left after the century OF iti-
CATION, and disn,lssing the suit from the
court, closing It forever. !!
MOST INTERESTING HISTORY.
The history Of this most interesting
case Is briefly, but admirably, told by
Special Commissioner Old ii hts report
lie says: 81
The cause of this litigation arose In
1877, or probably. as early as 1923. The
first suit was brought in 1873, and the
Dismal Swamp Land Composing appealed
as a party to the litigation In fsz0. It.
has been before the Supreme Court Gf
Appeals three times; once in 1851. once
in 1885, not reported, and again In 1915,
| not reported. At the beginning of this
| litigation. the Dismal Swamp Land Com
pany was represented by the late Benja-
| min Watkins Leigh He was succeeded
| by the late Conway Robinsosand Ar
| thur Morson, who argued the case before
| the Court of Appeals in 1851 and 1856.
The counsel engaged by the other parties
| in 1851 were the late John M.~Fatton and
| John r. Cooke for Griff1n's executor, and
| the late Robert Stanard and Raieigh.T
Daniel for McCaulay's administrator
| Chancellor Brockenbrough first, and at
I terwards Chancellor Robertson. had each
| filed lengthy opinions in the case. Prob
| ably the record OF no case In this COM
| monwealth can show as many exceptions
| as were filed to the accounts made upon
| it. The array of able counsel before the
Supreme Court of Appeals in 1851 gives
| assurance that the case was argued most
thoroughly and learnsdly before that
| court.
He BECOMES COUNSEL
"The late Tazewell Taylor. of Norfolk.
Va, who was also the president OF the
Dismal Swamp Land Company. seems to
| have taken charge of the case for hts
company upon the death OF Mr.. Morsnn.
| as Mr.. Robinson. who survived Mr. Tay-
| lor several years, had removed to Wash.
| ington, D.. c.. Shortly after Mr.. Tayior's 8
| death, which occurred in October. 1915, I
was engaged, on January II. 1876. as
| counsel for the Dismal Swamp Land Com
| pany, and since that time-now about
| twenty-six years-I have been actively
| employed in this suit, although my SER
| vices, after the collection of the claim
| due the Dismal Swamp Land Company.
| have been those which have developed
| upon me as special commissioner. Upon
| my first appearance in it met as my
| adversaries the late Peachy r. Grattau.
| for many years the able reporter of our
Supreme Court of Appeals, and his part
/ ner, the late n. Coalter Cabell, and the
| late John Harmer Gilmer. The late Hon.
/ E n Fftzhush then presided In this
| court. and after much argument and re-
argument upon petitions for a rehearing.
occupying many days altogether. he de-
| cided all questions raised by counsel on
/ exceptions, preliminary to the adjudica-
tion Of the indebtedness due the Dismal
/! Swamp Land Company and to a sale ot
the real estate whereof the late Robert
/ Anderson had died testate. After. Judge
! F'itzhugh's retirement. from the bench I
/ arreareor from time to time before his
successors4 the Hon. A. II: Holiday and
the Honss syTJ I,eakasHpd Your Honor.
] from all 81 whom! ~ Including the late
Judge Ftzhughs 81 ssstavela always received
the most xcourtaaus attention.
MANY THOUSANDS INVOLVED.
/ .aThc result, so far as the Dismal
i Swamp Land Company Is concerned. has
be en- that it has received its whole, prin~
cipal and interest, amounting to largo
sum Of money. In 1856 it received SO 4S9 IS
on account OF It's debt. leaving Hoscs9,s ,s2,
i with interest on ss.79s.e9 from July. sth.
/ 1850, unpaid This balance. with interest.
amounting to S24. so. 81 has been paid I'm
full In this suit, and a considerable sum
has been left to be applied to the Burton
4 judgments
..The late James Alfred Jones OF Rich
d mend. Va. represented as counsel the
1 Burton judgments, and though the inter-
4 est he represented was subordinate %
that represented by me. my conNsc scsian
with the case brought me In close pre-
4 fessional contact with him. as he Coz
operated with me in the argument and
management OF the case. In the asso-
q ciation learned to appreciate the abili-
4 ty and fidelity OF that learned lawyer.
i and more than that. We becaue and re-
4 smained close friends up TO the time OF
4 f1fs death, Heswas more than once aseo-
Il my counsel IN one OF the most Important