The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1908-12-24
SUIT
CONES 10 END
King Land Case Involves Big
Tracts and is Long
Drawn-Out.

As mentioned in brief note IN
the Telegram yesterday the West
! virginia Supreme court of Appeals
has rendered opinions in the famous
King land case In which every decis-
ion OF Judge John W Mason, Of the
Gonongaiia-AIarion circuit. is upheld.
This means that the four hundred
defendants in the suit VIII be allow
ed to retain the land of which they
are now possessed. The case in
volved 500, 900 acres of land In Nc
DoweH, Wyoming, Logan and wayne
counties, values at $20,0O0000-
Judge Frank Cox OF NTorgantown.
was e-of the attorneys for the de-
Tense. and had the honor of closing
the six-day-s' argument before the
Supreme Court at Charleston in No
vember More than fifty attorneys
were employed by the defendants.
and Judge Cox was one OF the six
selected for the argument. Judge
Dillon, of New York, was one Of the
six. Maynard f. Stiles. OF Charles-
ton, who moved to that city from
New Hampshire. ara who has done
nothing but manage the plaintiffs
side OF the litigation for fifteen years
was chief counsel for the plaintiff
Hon. w. S. Meredith was associated
with Judge stiles in the case Of
Narration county.
The decision removes n cloud that
has hampered the sale and transfer
Of real estate in Southern West Xir-
glnia for 2 . years. 1t means that
hereafter a Iand-owner in any Of the
four counties named can sell and
transfer his property and give a good
title. The importance of the decls-
ion Is understood when the main
facts are known.
In 1875, Robert Morris received
from the State of Virginia, patent
for 100000 acres OF land in South
ern West Virginia. Henry C. King. !
representing himself and number |
Of New York bankers, purchased the |
rights conveyed under this patent |
about 20 years ago. Since that time, |
they have endeavored to get posses /
sion OF tho land, by bringing suit in |
proper form against four hundred I
persona who ocupy the land as homes
and who claim it under school lands
sales of forfeited lands and under
Junior patents from Virginia and
West Virginia. The constitution OF
West Virginia transfers lands for
fefted to the State to the actual oc-
cupants and the taxpayers claiming
the lands. These lands were forfeit
ed for the non-payment of taxes to.
the State of West Virginia
Under the decision, each OF thei
four hundred defendants gets the
lands OF which he is actually possess
ed at this time, providing OF course
that his title is good otherwise.
The litigation witch began within
the patent of Robert Morris. pur-
chased by Henry c. King in 1883,
was originally instituted in the cir
cult court Of Wyoming county Since
that time It has been heard in many
Of tho counties of the state. and final
~ came TO Judge Mason. of fills cir-,
suit. Judge Mason rendered docIs-
ions on all tho points involved, ana
tho case was appealed to tho supreme
court of the state. It came up for
oral argument on November 10, and
since that time the niembera oe the
court have been engaged largely in
going through the tremendous mass
Of matter submitted to them. There
is but one point that IL left open.
This is tho question OF the constltu-
of the forfeiture clause of
the State constitution. The Supreme
Court OF the United States VIII be
asked to pass upon it. When the
suit was first Instituted the case was
taken to the supreme Court of the
United states on this point, and the
west Virginia constitution was sus-
1t IS expected that the decis-
Ion will be reafTirmed.
During the progress of the suit
of ATTORNEYS have been em-
ployed by the defendants and thous-
ands of dollars have been spent. 1t
Is said that King and his associates
have received large sums of money
from time TO tIrne from defendants
who desire to make sale. and who
were willing to pay handsomely toll
have them waive all claims under
the Morris rateut.