by John Marshall Harlan

“ M. B. Mullins et als., recently tried in this court, the honorable circuit judge presiding, that such omission of said land from the land books operated to forfeit and devest the title to said tract of land, and vests the same absolutely in the state of West Virginia, under the provisions of the constitution of said state, before the purchase of the same by complainant, and that, thr efore, complainant has no title to said land, the court is of the opinion to dissolve said injunction, reserving the right to render and file herein an opinion in writing upon said motion. ”

“ It appeared from the pleadings and exhibits in the cause that the lands in controversy were not entered upon the proper land books for taxation, or charged with taxes, for any year from 1883 to 1895, inclusive. ”