William R. Day

“ A perusal of the record satisfies us that for many years occupation and conveyance of the lands on the Virginia side has been with reference to the Deakins line as the boundary line. The people have generally accepted it and have adopted it, and the facts in this connection cannot be ignored. ”

“ Owing to the thick and heavy growth of timber, it is utterly impossible to run a straight line through it without first opening a line of sight. It could only be approximately done.
'When north of the railroad, and the nearer the Pennsylvania line is approached, the settlements and farms become more numerous; and if the meridian line is adopted as the boundary, it will cause great litigation, as the patents of most of the lands call for the boundary as their limits. On the Pennsylvania boundary the new line is about three quarters of a mile west of the old ”

“ In the proposed settlements, for many years, Virginia and West Virginia have consistently adhered to the Fairfax stone as a starting point for the disputed boundary. When West Virginia passed the act of 1887, ratifying the Michler line, it was upon condition that Virginia titles granted between the Michler line and the old Maryland line should be validated. Maryland, in the act of 1852, recognized the same starting point. ”

“ Under these acts of the legislatures of the respective states, commissioners were appointed, who made application to the Secretary of War for the services of an officer of the United States Engineers to aid them in carrying out the purposes of the acts. ”

“ In process of time the marks became obliterated, and conflicts of title and litigation arose between the holders of Maryland and the holders of Virginia patents for lands in the debatable territory. So in May, 1852, the Maryland legislature passed an act reciting these facts, and requesting the governor to open a correspondence with the governor of Virginia about the matter ”