The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-03-06
AFTER HALF CENTURY
PROPERTY REVERTED
Judge Conner Hands Down Interest
ing Opinion I'm United States Cir
cult Court of Appeals.
upHonDse CAROLINA LAWS
Jurlst shows Exhaustive study OF In
tr4catc Subjes't--Coycrs Forty-threc
Typewrittcn Pagcs-Largc amount
Involved.

down in the United States Circuit
Court Of Appeals Saturday in the
case az the Highland Park Manhfae-
turing Company, North Carolina cor
reratior. appellant against +. O.
Steele. Mary l.. Steele and others, 9p-
peilees. The case was argued before
Judges Pritchard and Knapp, circuit
Judges, and Conuor district Judge
The opinion, which embraces about
5orty-three pages Of closely type"rlt-
ten COPY, is one Of the most complete
dirests Of a subject that has often
beei brought before tho courts that
has been seen here. The learned
Judge. IN writing this opinion which
is coururrei in by Judges FritchaTo
and Knapp. shows most exhaustive
study. Of an intricate legal problem.
which involve the powers and cour-
tesies Of United States courts in deal
ing with State laws.
The case ia one in which the heirs
OF a man who was wiiled under trust
To his son. and in turn to hts grand
. son certain South Carolina lands,
which were sold by the son TO tho
parties who in turn sold to the North
Carolina Manufacturing Company
during the existence of the trust
which came under the action flied az
far back as 1850. The grandson, dy-
ing lntestate. leaves his wife. son
and FIVE daughters. who seek 20 re-
cover an interest In the property Sold
by the son OF tho man signing the
instrument in the year 1850 In ofher
words the property was sold to the
manufacturing company, which put
improvements thereon after the prop
erty had passed through other hands
and now comes the heirs or the teF-
tator to claim that the sale was not
legal and to claim the land on which
= The manufacturing company has done
business since 1881.
Summed Up by Court.
Here is the case, in substance. as
IL is summed MP hy the court;
John Steele. OF York County. ; c.
executed deed or instrument Novem-
her l6 1860, conveying 10 his son,
Joseph 4 Steele, a tract of land In
York County Of 494 acres, tic have
and IS hold to Joseph A Steele. his
heirs and assigns in trust as to the
one-half Of said piece, parcel or tract
OF land. to stand seized and possessed
az the same for the use and beneft
OF my grandson. the above named
John q Steele. for and during the
term Of his natural life. and az his
death to transfer and convey the same
30 such person or persons as he, IN"
said John G. Steele, may by his VIII
direct, or In default of such VIII and
direction to the heirs at law of the
said John & steele in fee.
Joseph A steele died interstate. ieav-
ny ing az his heirs at law his widow
Eliza Jane Steele mis- son, John o.
Steele. and five daughters.
on August 3,aIs6S and after the
death OF his father. John G.. steele
executed a deed or statutory form
sufficient 60 convey in fee. with gen
era, warranty. the entire tract to
James Pacan Appellant, the High
land Park Manufacturing Company
lv successive roaveyanCeS, acquired
all OF the tale which passed to and
vested in Pagan by virtue Of the deed
OF John q. Steele. 10 that portion of
the original tract described In the
pleadines herein.
The Highland Park Manufacturing
Company has been IN possession Of the
property since October 3, 1854
improvements alleged to have cost
s2h0.000 have been placed on the
land by appelian and Its immediate
grantor+
steele Died duly A--190a.
John g. Steele died July E, 1908
without having published a last viii
plaintiffs are his widow and chtl-
dren. aud under the cannons n de
scent OF South Carolina. his heirs at
law This proceeding was instituted
1una & 1910. hi the Court of Com
mon Pleas Of York County, S G., for
the purpose ~ having partition Of
the portion Of land described in the
hill and removed into the District
Court Of the United states for the
Western District Of South Carolina.
npon petition Of appellant. q North
Carolina corporation
The Highland Park Manufacturing
Company. appellants, deny that APP
pellees. the heirs of John q. Steele,
have any title TO or interest in the
land. and AYERS that it is sole seized
thereof, in fee.
The cause WAS referred to Hon.
Ernest Moore. special master. who.
after hearing the testimony, report
ed as his conclusion of fact and law
that the appellant and appellees
were seized of the land in contro-
versy as tenants IN common-each
being entitled 10 one-half undivided
Interest therein. lie also passed on
bettefments and rents. and profits,
with his conclusion as to the value
OF the Interests of the respcctiXs par
ties. and the methods Of partition.
A. to State Laws.
Upon the coming in Of the report
! appellant, the Highland Park Manu-
featuring Company. filed exceptions
sfhereto which were heard, and. after
argument ana consideration over
ruled and decree entered by the
district Judge, 10 which decree the
appellants, the Highland Park Manu-
featuring Company. assigned error
and made this appeal
The opinion here refers 20 the ne
cessity OF United states courts giving
due consideration and courtesy to tho
State court statutes and the laws Of
States as to land titles The court
refers TO decisions Of the Supreme
Court of South Carolina TO which II
respectfully refers as a guide in form
ing An opinion as to the equity OF a
decision effecting citizen Of South
Carolina Federal Jurisdiction Ia
held TO be T'co-ordlnate and concur
rent with the jurisdiction OF the
State courts"
lower Court Is Affirmed
And So after some fifty pages Of
learned discourse, the court Affrms