Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-04-26
G00CHLAND LAND CASE
PETITION IS REFUSED
Supreme Court Declines 10 Award
Writ to United Farms
Corporation.
ENDS CHAPTER or LITIGATION
Record in Case Goes Back Eighty
Years to Dedication by William
Boiling of Land for James River
and kanawha Canal.

| Tie state supreme Court Of Appeals
yesterday refused the petition of the
United Farms Corporation for IA re-
view aud reversal Of the decree OF the
Circui, Court Of Goochlard County.
denying its right u the use OF certain
| lands lying along The James River,
which are claimed ia fec simple by the
Chesapeake and OH" hallway Com
panY
Tbs background or tile litigation is
dedication made by William Boil
ing eighty years ago under the terms
| OF which the James River and Ia
| iawha Canal Company acquired IL
wide strip OF land three miles long
| through the Boiling estate for the con-
struction of Il canal. The strip was
| acquired by condemnation. the commits
sioners of that day assessing Rollins's
damages at about $4,000.
The canal company agreed TO allow
the adjoining owner. then William Boil
ling. 70 run his side fences TO the
canal water, and agreed further. that
no fence was needed between the
hcrmc oank of the canal and the line
of dedication. During the lifetime of
! Eolling the canal ran peacefully
through his lowlands and no question
as 10 the ownership Of the unoccupied
! portion of the dedicated strip arose
RAILROAD BUILT ALONG
OLD CANAL. TOWPATH
Then. sometime in the seventies the
/ canal waters were turned out and the
railroad built along the line of the
! canal towpath. The Chesapeake and
Ohio succeeded to the title of the canal
! company. In rccen; years the railroad
company has leased TO Captain X +
! Vaughan the irregular strips of river
bottom land LYNN; between the railroad
! company's eighty-foot right OF way
| and the boundaries of the old dedica-
tion. and Mr. Vaughan has upon these
! lands raised many bushels Of corn
Now came the SUCCESSORS in title
| of William Boiling of 1896. namely
| Captain Alfred rleasanton and acting
| for him in this particular LITIGATION,
| the United Farms Corporation. and in
| stitutcd In the Circuit Court OF
Goochland proceedings looking 10 the
| ejectmcnt of the ra,lrond company and
| Captain Vaughan from the strips OF the
| old canal right OF way running through
| their present holdings.
They produced The agreement OF the
canal company, executed eighty years
! ago. in which the adjacent owner was
| given the right 20 run his side fences
| - the canal water, and which held
! that no fence was necessary between
! tho canal and the line of the old con-
delnnation. The Plaintiffs set mp The
! claim that these provisions indica ed
! that the adjacent owner was to enjoy
! the right TO use as grazing lands the
/ strip between the canal and the line
! of condemnation, IL not also for agri-
! cultural purposes. Therefore. they
asked that Captain Vaughan he eject
! cd and The railroad company be re-
strained from leasing This property
CIRCUIT CoIRT uPIIOIDs
CONTENTION OF RAILROAD
But the Goochland County Circuit
Court upheld the contention of the
Chesapeake and Ohio that, "a success
sor in title OF the canal company ii
is tho owner in fee simple of the on
tire strip dedicated by William Boil
ling in 1886, and has right to make
any disposition ii secs nj OF the un-
used portion or the property a final
decree In the case was entered on
April 16. 1915. From this decree the
plaintiffs appealed, asking that the
case be reviewed by the supreme Court
ami the decree reversed. The Supreme
Court Yesterday declined 20 allow the
appeal
Tile lands in question have an area
OF about thirty-sevcu acres and lie in
IickinGhole pistric:. contiguous TO the
Rolling Hill. Woodyiilc and Pocahontas
Farms.