Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1910-02-10
KING SUIT WAS
FOR AN EMPIRE.
Adverse Decision of Courts Might Have Car
rled Vast Distress and Loss to the
People of West Virginia.

Probably 800. 900, 600 was involved in
the suit which was decided adversely To
Henry c. King in the Supreme Court of
the United States at Washington last
week Had King Won this case and the
forfeiture clause of the West Virginia
constitution been declared in conflict
with the Federal constitution. confusion
In land titles would have resulted in
every county of West Virginia.
The case which was adjldicated early
last week was the most important ac-
ton ever brought against the people of
West Virginia. The southern end of
the State was affected by the claim of
King, but had h won the case in the
Supreme Court every county in the
State would have been affected and
thousands of aces Iurchas, under tax
deeds would fucn,sh ca IS of endless lit
| igation.
Ia 1892 one Ro'eIt Morris secured a
patent from the State OF Virginia for q
tra;t OF approximately five hundred
thousand acres of lard. This tract was
later sold to General Swann, of Revolu-
tlonary fame, VINO afterwards went IN
France and died there in a debtors pr;s-
on. Before his death, however. he
decided this immense tract of land. which
at the time was not considered to be of
any practical value, to one Sam Rand all
OF Philadelphia, who held the title until
his death. Meanwhile, no taxes had
been paid on the lanl by any of the va
rlous holders thereof, and the entire
tract was finally forfeited to the State
OF Virginia, on account of the non-pav-
ment Of the taxes. In 1882, creditors
of General Swami applied to the State
OF Virginia for a new title to about
300, 600 acres lying in Kentucky and Vir-
ginia, and comprising part of the origi-
nal holding. Their claim was based on
the fact that General Swami had been
OF great assistance to the colony of Vir-
ginia during the War of the Revolution.
and that IN consideration thereof it was
but Just that his original grant should
be returned to his heirs and creditors
This request was granted as to the en-
that had been preempted by settlers and
who were holding their titles from the
State Notwithstanding this generosity
on the part of the Commonwealth of
Virginia, no taxes were paid on the land
from 1882 to 1884. at which time the
King suit was brought to recover the
land under the original title. Part of
this land is located in what is now In
gan, Mingo. Boone, Wyoming and Nc
Dowell counties, West Virginia. and ia
rich in coal deposits and timber. The
case was fought through various State
courts, decision having finally been
rendered by Judge Mason, of Marion
county, decreeing that there was no ba-
Sis for the King claim to 2IO, 600 acres
OF the 300, OOO-acre tract. The suit then
found its way into the Supreme Court
and that august body unanimously up-
held the decision of Judge Mason.
In describing the boundaries Of the
tract, the claimants contended for the
original boundaries as given by dis
tances and directions, and the various
defendants in the case contended for
the boundaries as shown by the monu-
ment.
The decision in the above case is Of
Importance to this State as we'll as to
West Virginia, as a large boundary OF
land N Southwest Virginia is included
IN the original Morris grant, and while
not included in nor affected by the suit
brought IN the West Virginia courts, il
IS more than possible that similar action
will be brought to quiet the title to the
lands lying in Virginia, and the decision
IN the before mentioned case will have a
bearing on the Virginia cases.