The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1908-12-31
FAMOUS SUIT
COMES TO END
King Land Case Involves Big
Tracts and is Long
+ Drawn-Out.

DraWn-Out.
4 As mentioned In a 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
Monongana- Marion circuit, Is upheld.
This means that the. four hundred
defendants in the suit will be allow
ed to retain the land of which they
are nov possessed. The case in
1 rolyeds 100000 acres of land in Nc
I Dowell, Wyoming. Logan and Wayne
counties, values at s20,o00000.
Judge Frank Cox Of Morgantown,
was one of the attorneys for the de-
Tense, and had the honor of closing
the six-days' argument before the
Supreme Court at Charleston in No
yember. 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 r. Stiles. of Charles
ton, who moved to that city from
i New Hampshire, anG who has done
1 nothing but manage the plaintiffs
side of the litigation for fifteen years
was chief counsel for the plaintiff.
4 Hon. w. 8. Meredith was associated
with Judge Stiles In the case OF
4 Narration county.
i The decision removes cloud that
has hampered the sale and transfer
Of real estate in Southern West Viz
/ ginia for 25 years. 1t means that
hereafter landowner In any OF the
four counties named can sell and
i transfer his property and give good,
title. The importance OF the decis-
ion is understood when the main
facts are known.
In 1895. Robert Morris received,
lfrom the State OF Virginia, a patent
!, for 100000 acres of land In South
ern West Virginia. Henry G. King.
i representing himseir and a number
LOT New York bankers, purchased the
rights conveyed under this paten:
about Is years ago Since that time,
they have endeayored to get possess
sion Of the land. by bringing suit in
proper form against four hundred
/ persons who Occupy the land as homes
and who claim 1t under school lands
! sales of forfeited lands and under
| junior patents from Virginia and
\ West Virginia. The constitution Of
| West Virginia transfers lands for
! feited 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
tho State of West Virginia.
1 Under the decision, each, of the
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 which hogan with
tho patent of Robert Morris. pur-
chased by Henry C. King in 1888,
was originally Instituted in tho cir
cult court of Wyoming county. Since
that time 1t has been heard In many
of the counties OF the state. and final
~ came to Judge Mason, of this cir
cult. Judge Mason rendered decis-
| Ions on all the points involved. and
the case was appealed to the supreme
court OF the state. IT camn up for
oral argument on November 10, and
since that time the members OF the
court have been engaged largely I'M
going through the tremendous mass
OF matter submitted to them. There
is but ono point that is left open.
This Is the question OF tho constitu-
tionality of the forfeiture clause of
the State constitution. The Supreme
Court OF the United States will be
asked to pass upon II. When tho
suit was first Instituted the case was
taken to tho Supreme Court Of. the
United States on this point. and the
West Virginia constitution was sur-I
tanned. 1t is expected that the decis-
Tor vii, be realrirmed.
During the progress of the suit,
hundreds of attorneys have been cm- |
ployed by the defendants and thous. |,
lands of dollars have been spent. 1t
Is said that King and his associates
have received large sums OF money
from time to time from defendants
who desire to mako sale. and who
wcrc willing TO pay handsomely to-
have them waive all claims under,
the Mnfrl. .n,tnr,t - y !. II