The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-12-23
DECISIONS IN
KING LAND
SUITS VERY
IMPORTANT
Title to 500, 600
Acres of Land
hUolUed

AS mentioned in a brief note in the
West virginian yesterday the West
Virginia Supreme Couri Of Appeals
has rendered opinions in the famous
King land case in which every decl-
sion of Judge John ". Mason, Il the
Monong:lla.Marion circuit is upheld.
This means that the four hundred de.
PENDANTS In the suit will be allowed
to retain tine land of which they are
now possessed. The cGse involved
100000 acres of land in Mcdowell,
Wyoming Logan and Wayne coun.
ties. valued at $2O,OOO,OOO. Judge
Frank OK. of Morganowu, was one
OF the atiope-s for the defense. and
hsd the honor o. closing the siX-days
arsument before the supreme Court at
Charleston in November. More tnah
fifty attorneys were employed by the
defendants, and Judge Cox was one
of the six selected for the argument.
Judge Dillon, Nf New York, was one
of the six, Maynard F. Stiles. OF
Charleston. who moved to that city
from New Hampshire, and who has
done nothing but manage the plain.
tins side Of the litigation for fifteen
years was chief counsel for the plain.
tin. Hon. w. 5. Meredith was asso.
ciated with Judge Stiles in the case
OF Mari:n county.
The decision removes cloud that
has bampered the sale and transfer
Of real estate in Southern West Vlr.
ginia for 25 years. II means that
hereafter landowner in any OF the
four counties named can sell and
transfer mis- property and give good
title. The importance of the decision
Is understood when the main facts are
known.
In 1895, Robert Morris received from
the State'of Virginia. apetcnt for 800.
900 acres OF land In Southern West Vlr-
gnia. Henry C. King representing
himself and a number OF New York
bankers. purchased the rights convey
ed under this patent about 25 years
ago. Since that time. they have en-.
deayored to get possession OF the land,
by bringing suit in proper form against
four hundred persons who occupy the
land as homes, and who claim It I'M
der school lands sales of forfeited
lands and under junior patents from
Virginia and West Virginia. The con-
stitption ST West Virginia transfers
lsndi forfeited to the State to the &C.
tual occupants and the taxpayers
ciaf:ning the lands. These lands were
forfeited for the non'payment of taxes
to the State OF West Virginia.
Under the decision each OF the four
hundred defendants gets the lands OF
whiea he IS actually possessed at this
time, providing Of course that his title
is good otherwise.
The litigation, which began with
the natent of Robert Norris. purchased
by Fienrv @. King in 1888, was origin.
ally instituted in the Circuit Court Of
Wyoming county. Since that time It
has &reH heard in many OF the eoHn-
ties Of the State. and finally came to
Judge Mason. Of this circuit. Judge
Mason rendered decisions on all OF the
pcints involved. and the case was ap.
pe9lell TO the Supreme Court Of the
State. 1t came up for orhl argument
on the tenth OF November and since
that time. the members OF t:1e court
have been engaged largely in going
through the tremendous mass OF mat
ter submitted to them. There isibut
one point that Is left open. This is
pthe question a the constitutionality of
the forfeiture clause In the West Vir-
ginia constitution. The Supreme Court
fCnntInued on Pada CeuHN