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KING v. STATE

Nos. 445, 446, 447.

216 U.S. 92 (1910)

30 S.Ct. 225

54 L.Ed. 396

KING v. STATE OF WEST VIRGINIA AND SPRUCE COAL AND LUMBER COMPANY. SAME v. SAME AND MILLS. SAME v. SAME AND BUSKIRK.

Supreme Court of United States.

Decided January 31, 1910.

Attorney(s) appearing for the Case

Mr. Hannis Taylor and Mr. Maynard F. Stiles, with whom Mr. John G. Carlisle was on the brief, for plaintiff in error.

Mr. William G. Conley, Attorney General of the State of West Virginia, for defendant in error, State of West Virginia, submitted.

Mr. John F. Dillon and Mr. C.W. Campbell, with whom Mr. Harry Hubbard, Mr. Edward C. Lyon, Mr. Malcolm Jackson and Mr. John A. Sheppard were on the brief, for defendants in error, Mills and others.

Mr. Frank Cox, with whom Mr. James F. Brown and Mr. William R. Lilly were on the brief for defendants in error, Buskirk and others.

MR. JUSTICE HOLMES delivered the opinion of the court.

These writs of error are taken in a suit by the State of West Virginia brought in May, 1894, for the sale of so much of a tract of 500,000 acres of land granted to Robert Morris in 1795 as is within the State and liable to be sold for the benefit of the school fund. See State v. King, 64 W.Va. 545; Ib. 546, 584; Ib. 610. The constitution of the State provides as follows: "It shall be...

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