West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-03-31

On Saturday the Supreme Court
of Appeals of this State handed
down an opinion In the case OF
Childs ct al VS.. The John R. Dun
fee heirs, reversing the decree OF
the Circuit court of our county,
rendered by Judge G. w. Farr
: some months since.
This litigation has been pending
since July, 1891. John K. Dunfee
In the eighties was security for
William T. Taylor, who was con-
stable of this city and district. Mr..
Taylor, collected good deal OF
money which he failed to account
for aud Mr.. Dunfee as his Sc
curety was sued and final.
1y suit was brought to
enforce these several, judgment
liens against his little farm on the
river hill which at that time had no
oil under 1t and 1t being In poor re-
pair and very poor land, was not
worth much money. The court
decreed the land to be sold. Dun
fee nor Taylor never appeared In
tae suit at no time. The land was
sold and o. W. o. Hartman be-
came the purchaser paying we be-
lieve about $500 for 1t. This paid
all the liens against the farm which
were prior to the liens of Mr..
Hartman, his liens amounted to
about $500 more. The sale was
confirmed and a deed was made to
Mr.. Hardman for the land After
wards Mr.. Hardman went to Mrs.
Dunfee and by agreeing to let her
Ii We on the farm certain time she
signed a deed convey Ing to him her
contingent dover interest In the
land. Prior to that Mr.. Duntee
had leased his land for oil to Lud
Wig & Weeter but 1t had not been
developed at that time. Mr.. Hard
man afterwards sold the lard to
James McCoach and DR.. G. B.West
of this city. These gentlemen had
Ludwig & Weeter to drill the land
and 1t proved to be rich oil terri.
tory. Afterwards Ludwig &
Weeter sold 1t to the Carter Oh
company which company now
owns the OIL right. Messrs. West
ard McCoach reserving the usual
royalty of one eighth of the oil.
In July, 1891, the Dunfee heirs,
the father having died, employed
David D. Johnson to bring suit to
set aside the sale made by the Com
missioners to Hardman. Judge
Jacobs was then on the bench and
decided the case against the Dun
fees. Mr.. Johnson put up the
money and appealed the case to the
Supreme court. The court, after a
long time, as we remember, decided
the case against the defendants and
In favor of Dunfees. A suit was
then brought to set aside the deed
made by Mrs. Dunfee to MIR.
Hardman. Judge Farr In this suit
held this deed 10 be g0oi and so
decreed. Attorney Johnson again
appealed this suit, and he iufor med
us by letter this morning the court
has decided In favor oftue Dunfees,
holding the Dunfee heirs are euti
tied to the royalty. Up to Ju'y
1896, the production from this tarm
had amounted to nearly 25o.ooc
barrels, and Mr.. Johnson estimates
that the royalty will now amount tc
1000 barrels, which amount Is due
Mrs. Dunfee and her children.
Messrs. West and McCoach have
spe cial warranty deed from Mr.
Hartman and will no doubt bring
q suit at once to compel hi n 10 re
fund to them the money they vii
have to pay to Mrs. Dunfee and he,
children.
At the time this property o
Dunfees was sold the brick hous,
and lot now owned and occupied b,
Miss Frances Rossell, was sold b
the Commissioners and purchase,
by Henry Thorn, OF Friendly. VIII
afterwards sold 1t under a genera
warranty deed to Miss Russell
Mr.. Thorn also loses by this deere
and will have to purchase the prop
erty again. Mr.: Johnson, the at
torney for the Dunfees. Is feelin
very good over his victory. He ha
had a lorg and difficult fight. ii
had no money from his clients, q
they were poor. andre not onl
had to pay all the costs, but had t