The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-07-13
DENT-PIeKENs LAWSUIT
tcontInued from Page 0ne.l

county Judge John Homer Holt
presiding. holding that Dever Pick
ems. under the viii, held and had'
an absolute and indefeasible fee sim-
pIe title to said 396 acres of land,
provided for the renting and SAFE
thereof by said J. Hop Woods, spec
ial receiver and special commission
err entered personal DEGREES against
numerous defendants, creditors OF
Pickens. in behalf of plaintiff, and
awarded execution thereon.
Plaintiffs decree amounted to
.$15.43s ~, with interest thereon
from the 22nd day of May, 1903,
and costs, subject to about $5,o0O.Oo
Of prior liens in favor of the estate
of said James Pickens, and OF the
execution Of his wife, said Ann NJ.
Pickens, deceased.
In addition to the personal de
crees above refe red to, there was al
so entered in said decree of May II.
1905. personal DEGREES against Mr..
DAYTON and Mrs.. AIollie Pickens-
Martin for $1,o69.24, with interest
from 1892, against him and Mr..
Davis for $4,000 with interest from
Nav, 1892, and against him and Mr..
Basel for $4,000, with interest
from May, 1892 parsel of $1721.21
collected and paid out by Mr.. Day
ton, as Mr.. Pickens' counsel, pend
ing these proceedings, as the court
held, to the detrilnent of plaintiff
rights.
Az es,,,rsr,e Court
as to these debts will not ultimately
affect the persons named, who will
have their remedy by recourse If the
decree as to them is affirmed, and II
reversed, VIII not affect plaintiff 9
rights or remedies, which are ample
as against the defendants said land.
AS to this decree, as to all the
matters involved therein, Pickens.
and Others in interest, applied to the
Supreme Court of Appeals for an
appeal and supersedeas last April.
The writ was refused. Afterwards,
upon second application by the
same parties, an appeal and super
sedeas as to so much of the decree
as relates to The judgments entered
against Mr.. Dayton and Mollle
| Pickens-Martin, Mr.. Dayton and Mr.,
Davis and Mr.. DAYTON and Mr.. Bas-
sell was allowed upon the execution
| of bond in the penalty of 100000.
This bond was afterwards given, and
to the extent of the said three debts
of SI,O69.24, $4,000 and $125.O0
the decree is superseded until the
Court can hear the arguments and
pass upon the merits as to them. AS
to all other persons and matters m
yolved, writ having been refused,
the decree stands in effect affirmed.
Thus, at last, has been substantial
~ ended one of the hardest fought,
best contested. and longest drawn
out legal battles ever fought IN
either of the Virginias. A contro-
versv which involved and settled i'm
portant legal questions, affecting
! titles and estates. a case interest,"
| ing in every respect, not only to
tflawyi;oers, but to the citizens of the
three counties of Gilmer, Harrison
i and Barbour. A case begun in 1888
and ended in 19o5-a period of
seventeen wears, during which many
important changes have taken place:
The mother. Mrs. Ann NJ. Pickens,
has died and devised a substantial
part of her a tate to the children of
/ Dever Pickens. The child, "Piek-
ems" Dent, is now { comely lad of
sixteen years. Els mother the plain
tiff. is mature woman of thirty
eight wears, now the wife of Charles
B. Roy, of Bride ,ort, Harrison
county. Mr.. Picl rs, himself, is an
active citizen of Lexington, Virgin
it, and his two children, Coburn
Pickens and Paul Pickens, are
smart lads fifteen years and twelve
wears, respectively The will of
James Pickens, ne testator, the am
cestor of the present Pickens de-
PENDANTS, has been judicially con-
,trued by the highest Appellate
Court and held 10 be what it might
not otherwise have been understood
TO be, namely, 10 vest in his child
rem a fee simple title to the valuable
lands therein devised. 1t settles a
vastly important thing to them,
namely, their a5solute and indie
feasible title, thing itself worth all
the costs and trial to them, and
leaves. a rich Inheritance for their
disposition to their own children,
No harm, therefore comes, by reason
I