The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1906-01-04

~ Publication. or included under
he general description To all
whom Il NAV concern. The only
arc in cases where the
decree has been obtained by fraud
or forgery. and also. where the
real owner OF the land has not had
actual notice; but in the latter case
the only remedy which the owner
has. 5 10 I'd, uroa the assurance
fund. he cannot recover back his
land.
Scuh being the drastic operation
and effect Of the bin. il Is very
important that the description OF
the land in the published notice
should DC such as &c pat all con
ccrncd" on notice that their rights
are being attacked. Even then.
5hc act would certainly be going
20 the very limit OF constitutional
judicial procedure. But even
this cannot be done except IN
States which are laid of into sec
tons and quarter sections.
When there IS a proceeding IN
Admiralty against The Mary
Jones or The Nancy Briggs
and notice thereof is published in
q newspaper. anyroc who might
see The notice would al once know
whether he was concerned p.
because there would bc perhaps
hut one ship named The Merry
Jones and but one named The
Nancy Brigg, in the whole world.
$50 likewise. when q notice of Z
proceeding Is published aGainS,
the South East quarter section
Of section 10. township 5. range
F ,. " Anyone who saw II could tel
whether hc was interested. because
there would be but one such quar-
/ ter section in the State But ir
f Virginia descriptions of land aIC
hv mcics and bounds-thcy com
ucncc at an oak. say. and thcr
I run ON around by mctes anC
bounds Co the beginning Ever
+ surprising that a person intcrcStc,
saw the notice IN The newspapers
lit would he impossible in man,
cases for him To tell whether h'
were interested cor ro, ii ia,
land wcrc described as living oi
pwc'iS Mountain Il would lac
hoove everyone having any Lame
un powclls Mountain to ascertain
whether any 90 his land WAS IN
cirl,d within the boundary or not
.tl thus. hundreds of pcopl
micht. IN each case. be put q
useless expense and troulbc Tn
lplacucal result would be. howcvc
ihat i'm many cascs. the real ownc
would not go 10 this expense an'
trouble. and wobld not know un
ltil after the decree that his right
were involved. and the only rem
cdy given him by the bin would b
to go upon the assurance fund -
In the Northwestern States whicl
i>.crc originally laid otf in section
and quarter sections adverse claim
90 land Scidom ariSc-thcrc Is n
such thing in those states aS Nv
or more patents for the same land
When quarter section IS granite
by the State To- \ il Il checked OF
the list. and no other patent eve
issued for il. In Va. however
: the system originally adopted, an
continued down to this date. pre-
vidcS THAI one desiring To- obtai
a patent shall first obtain from IN
State a warrant: he then made hi
location where he plcaSes; IN
CuAnty Surveyor afterwards make
a survey and returns the dcScriI
. ton To- the Lana Office. and IN
State issues a patent thereto.
was OF course supposed that I'll
County Surveyors wOuld not SUI
vcy any lands which had bee
previously granted: bat as no MAJ
wcrc kept showing what lands IN
been previously granted. it Wa
| frequently impossible FOR surve,