The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-04-26
KING LAND. CASE.
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IA Ia ~ Ia A ' ~ - a NO. -
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now pending. King appeared in all
these cases, claiming title to such por-
lions as might lie within the 100000
acre tract, and asked to be permitted
to redeem the interlock.
The case of the State against King
let al, in chancery, was Instituted in
the Circuit Court of Wyoming county,
in May, 1894. The bill charged that
the whole tract was forfeited for non
entry for five years after 1883, and.
asked that the part lying within the
State be sold for the benefit OF the
school fund This suit was entered
during the dismissal of the Logan
suit of the State against LeMoyne ct
al. The defendants were not found,
and the order of publication was,
quashed.
In 1894, King Instituted actions Of
ejectment in the United States District
Court against three hundred defend
ants. In June, 1895, he filed his pet1-
ton and answer in the Wyoming case,
and asked that all adverse claimants,
naming them and giving the record OF
the deed under which they claimed,
be brought in an,, A.ade parties 10 the
suit At the same term @of court
McClintock, claiming to be the owner
of a part of the land, presented his
petition, alleging his ownership and
Directing 20 Kings right to redeem.
Shortly afterwards, the ejectment
case brought in the Federal Court was
burg, as against McClintock and Null
Inns At the conclusion of the cyl
dence. the Court Instructed the jury
10 find for the defendants, because 1T
appeared that the plaintiffs tile was
outstanding by forfeiture for non-entry
and non-payment of taxes for 1--WE sue
eessive years. King prosecuted a
writ of error 10 this judgment from
the Supreme Court OF the united
States. King asked that the writ or
error be submitted under rule OF that
Court, upon pointed briefs, and with
out oral arguments. This was agreed
to. and the proceedings in the Wyo-
ming case were suspended until the
decision of the Supreme Court. rms
Court decided that our laws on es-
heated lands were constitutional
It seems that King obtained de-
cree allowing him no redeem the part
of the tract situated in West Virginia,
containing, according to him, S2t 900
EacreS. by paving a little over $1,000
taxes. At the granting Of the decree
McClintocll was not represented. Inc
State was represented by the Com
missioner of School Lands, and the
| Court. in response TO an inquiry, be-
ing assured that there was no contro-
versv, ordered the decree TO be en-
| tered.
From this decree, the State has
prosecuted an appeal, and the same
| was reversed in part, and affirmed IN
part. and remanded for further pro
| ceedings. The case was then trans
| ferred to the Circuit Court OF Logan
county. where a fifth amended Dill
was flied. bringing in all adverse
| claimants. The case was then trans
ferred to Cabell county, and thence
to Marion county. where 1t is now
pending
Such is the history OF the famous
King land case. Every one living
within the limits of the said tract is
Interested. Inc progress of that part
Of the State has been held back Tor
ten wears. Nobody is willing to invest
| in these lands until the case is settied-
/ No one will deny that Judge Mason mas
a difHcult problem to deal with. Sew
eral persons have been convicted OF
| fraud in the proceedings. ana the CON
yicrion Of Wilder and Justice at Hunt
| ingto1. Saturday, Tor suborninS wit
nesscs. Will likely call somewhat Oh a
halt on Kings action