Smyrna times., 1922-10-04

something IN the 1873 highway pro-
gram, a road from Smyrna thru Clay
ton to Millington is promised and agi-
tatiOn on this will not down. Clayton
is alive to it.
The Clayton Cooperative Cannery |
inaugurated by members of the Smyr-
na-Clayton Farm Bureau will close
its tomato cam cry this week after a
successful season. To-date it is said,
more than $4,000 cases of canned |
goods have been packed and the enter
prise has given employment to both
local and farm help and been busy
industry.
The efforts of the Springer heirs to
wreSt from its present owners the
title to a huge block of business and
residential section, Wilmington calls
to mind the early history of Clayton
and the great legal battle of its citi-
Zens to hold their property. Away
back in 1854 when the Delaware Rail
road was surveyed, there was no Clay
ton, and not one house in the whole
tract of 10 acres then, as it was pre-
sumed, owned by Richard Tibbitt.
True, there was a small settlement,
called variously Jintown and Jimtown,
but this was about a quarter mile
away from what is now Clayton.
Richard Tibbitt gave the land for the
depot, which was called Smyrna Sta
tion, it being about mile from that
town, and then began to sell build
ing lots. Slowly the town grew, and
gradually number of lots were dis
posed Of In 1858 the hotel and store
were built, while in 1860 the town dis
carded the name Smyrna Station for
Clayton in honor of Secretary of State
John NJ. Clayton. Other buildings
went, up, a postoffice was established,
and the towns population numbered
from 250 to 300. 1t had been sup
posed that Richard Tibbitt was the
owner of the land in fee simple, as he
had acquired it through the provisions
of the willsof his father, James Tib-
bitt. Richard Tibbitt died in April,
1863, but nothing was done to dispute
the title of the holders of land in
Clayton until several years later. Then
the whole tract of land, 10 acres in
all, on which the town of Clayton was
located, was claimed by a Thomas
Whartenby, of Philadelphia. 1t was
alleged by Wartenby that Richard Tib
bitt, under the will of his father, il
default of children Orchard Tibbitt
was unmarried) held only a life
estate in the tract of land, and tha
the reversion of the estate was in him
William Wartenby. The inhabitant!
of the little town were aghast at tn,
thought that their properties might b.
taken away from them, but paid small
attention to the matter, just as Viii
mingtonians of today scoff at tn
Springer heirs and their thousands o
relatives. But the case of Wharton
by, in the able hands of late Secre
tary of State Thomas Bayard an
his illustrious father, Senator Jane
A. Bayard, the younger, reached tn
Circuit Court of the United States fo
the District of Delaware, and was de
cided in favor of Whartenby. The
the case was appealed to the Suprem
Court of the United States, and is re
ported in 81 u S. Supreme Court Re
ports, under the title, Daniel V!
Whartenby. 1t was argued before tn
Supreme Court Oct. ID, 1873, and wa
decided Nov. 8, 1873. Whartenb
again won, and thereby he gained It'll
to every house and building and lot {
land in the town of Clayton. Yet tn
fight was bitter one in the Suprem
Court. No less a famous lawyer tina
Reverdy Johnson, of Maryland, asss-
ed by c. c. Kerr, fought the case fC
the holders of the land, while the tW
Bayards represented Whaftenby. Thu
the Whartenby took over the whole
Clayton as a result of the Supren
Court decision. One-fourth of II
estate went to the Bayards as the
fee. The whole of Clayton as no
built is located on the disputed trac
From the station to the Clayton Ban
and as far as the limits of the tow
are embraced in the tract. 1t is stat,
by old Claytonians that the WharteI