The sea coast echo. [volume] (Bay Saint Louis, Miss.) 1892-current, 1905-06-24
Jackson, Miss, June %, 1905.

Jackson, Miss, June %, 1905.
In the Supreme Court this afternoon
suit was argued which involves one
half Of the business portion Of Gulfport,
the style Of the litigation being J. 7.
Jones ct al. VS.. W. o. Rogers ct. al,
which comes up from the Chancery
Court Of Harrison County. The case
was argued this afternoon by a. Y.
Harper, Of BILOXI, for appelees, and J.
II. Neville, Of Gulfport, ana Messrs.
McWiIiie & Thompson, OF this city, for
the appellants. The claim Of the appel
lees to the tide 10 the land rests on a
patent said to have been granted by the
United States Government to James
McLaren and a sale by United States
marshal in front Of the Statehouse, in
this city, on Oct. 20, 1889. The case
now comes before the Supreme Court on
the ground as to whether the ChanceI-
lor orproperly or improperly oyerruled the
demurrer. Tire following is the history
Of the case as set forth in the brief Of
the appellee:
''The bill shows that the said John
Martin purchased the land at execution
sale, paid his money, and the same was
knocked off to the said John Martin,
the highest and best bidder, for cash;
that he was placed in possession Of the
property by the United States Marshal,
by and with the consent Of the iudg-
ment debtor, James McLaren; that he
continued in possession until the year Of
his death, in 1913, and that his heirs
have been in possession cOn5tructiyely,
without their knowledge, until few
years ago; that certain parties, most Of
them unknown to the appelees, knew
Of the claims, right and title of the Mar
tin heirs to this land, which they care
fully and Intentionally concealed from
these heirs Of John Martin for their own
individual advantage. The main actor
in this transaction was the administra
tor of the James McLaren estate, man
whose position gave him a tull and per-
feet knowledge Of the Indebtedness Of
McLaren, ana Of the sale by the Federal
Marshal, and also Of the purchase Of
said lands by John Martin.
'FTnese heirs OF John Martin, who haG
for years been kept ignorant Of the
right and title of their patornal ances-
tor, John Martin, at length, by mere ac-
cident, became aware of the fact through
the unremitting efforts OF purchasers to
secure perfect and flaWless title, which
could not be done while the John Mar
tin claim was kept in allegiance and
profound secret to all except the ad
ministrator Of the McLaren estate and
his associates. As soon as the discoy-
cry was made, the heirs took steps to
bring suit for the recovery Of the land.
Hearing that j. r. Jones, one Of the ap-
pellants, had offered to donate portion
OF this land, situated in Gulfport, Har-
rison County, to the Board OF SupelYi-
soTs for courthouse purposes, and that
this board had the acceptance under
consideration, these heirs notified,
through their attorney, the Board Of
Supervisors, in open session, not to ac-
cept the donation rs the right, title and
interest in tie land belonging to these
heirs Of John Martin, and gave them a
full outline Of the character Of this title,
and that they were getting ready to sue
for the land, and that if the county ac-
cepted this donation it would lead to
litigation that would be expensive and
troublesome, but the county accepted
the donation in the face Of all the con-
ditions and Warnings"
On the other hand, the appellants
contend that the Martin heirs have not
exhibited any deed or certificate attest
ing the sale by the United States Mar
shall and that the signature OF the L. S.
Marshal to an alleged certificate is insult
ficient to elevate this document to the
dignity of an official certificate or attes-
tation. so as to bring it within the pur-
view of section 1,796 Of the Code. On
the certificate is the signature Of "W.
M. GwIn, Marshal, per F. S. Hunt, >
and it is contended that no record has
been brought out to show that Hunt was
a deputy, or that he had any official
connection whatever with the United
States Government.
Hon. J. H. Neville, an attorney OF
Gulfport, was in the city today on bust
ness before the Railroad Commission
and the Supreme Court. In speaking Of
affairs in his section of the State he
said:
"Business is in splendid shape along
the Gulf Coast, and prosperity is album
dant on all sides. Property values are
increasing steadily, and new industries
of all kinds are being launched.
'sWork on the electric railway between
Gulfport and Biloxi is to be commenced
early in July. Ground will be broken
between the 1st and the 9th Of the
month. All of the machinery and ma
terials have been ordered, and the line
will be built as rapidly as possible.
ssThe mere announcement that this
road 10 IN Fa II1ilf pof4p}n3 with the fact