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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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The Real Speluncean Explorers in 1863: Four Civil War Deserters Trapped in Cave, Ate Each Other in Self Defense, and Last One Alive Left A Note

October 1st, 2014

The February 24, 1896 edition of the Fredericksburg, Virginia Daily Star published a remarkable story of the true to life Speluncean Explorers. In short, four deserters from the Civil War hid in a cave, which caved in. Then, one by one, the men began to eat each other, until there were only two left, and one was killed in self defense. Remarkably, the last man standing kept a diary of sorts, which was discovered thirty years later.

You have to read the entire article to believe it:

The Mystery of a Mine – Skeletons of Four Men Who Disappeared Many Years Ago Are Discovered

Colliers, W. Va., Feb. 24 (1896)

People are much excited in this vicinity over a recent find. David Snyder has explored an old coal mine a mile east of here, and which has not been worked since the ’60s, and discovered human bones. One of the skeletons was sitting upright against a ledge. Beside the skeleton was found a flask containing notes that explained the mysterious disappearance of John Ewing, Ben Ayers, Tom Ackelson, and Joe Obney thirty-two years ago (1863). The notes were written in pencil, but well preserved. They read as follows:

Nov. 2, 1863-Should this ever reach the outside world let it be known that we (giving names) are prisoners here, owing to the caving in of the mine. We are deserters, and were in hiding here when the mine caved in. This is about the eighth day of imprisonment.

Nov. 4- John Ewing and Tom Ackelson have just killed Ben Ayres and are eating him. I have already eaten my boot leg. I only know the day of the month by my watch.

Nov. 6-Ewing has just killed Ackelson. Cut off one of his feet and is eating it and dancing around flourishing his dirk knife like a maniac.

Nov. 7-I am now alone with the dead. I had to kill Ewing in self defense. I have just eaten my other boot leg. Am sleepy. Goodbye. I enclose this note in this flask to preserve it if possible. Joseph Obney.

Several of the old residents hereabouts remember these men. It was generally believed that they had been killed in battle.

Wow.

mystery-mine

 

H/T Jamison, a former student who studied the Case of the Speluncean Explorers with me last year.

Learn Liberty Live! Tonight – “Cell Phone Privacy and the 4th Amendment”

October 1st, 2014

Tonight at 7 PM EST, I will be hosting a Learn Liberty Live session on Cell Phone Privacy and the 4th Amendment. You can register and watch it live here.  This session will be geared towards college students, and offer an overview of the 4th Amendment, what the Court held in Riley v. California, and how it impacts their lives. And, I’ll tell them over and over again to always ask for a lawyer.

Cell Phone Privacy and the 4th Amendment from Josh Blackman

Prop1 Class 12 – Future Interests I: Interests in Transferor and Transferrees

October 1st, 2014

The lectures notes are here. The live chat is here.

Example 1. 0 conveys Blackacre “toA for life.” 0 has a reversion in fee simple that is certain to become possessory. At A’s death, either 0 or O’s successors in interest will be entitled to possession

reversion

Example 2. 0 conveys Whiteacre “to A for life, then to B and her heirs if B survives A. O has a reversion in fee simple that is not certain to become possessory. If B dies before A, O will be entitled to possession at A’s death. On the other hand, if A dies before B, O’s reversion is divested on A’s death and will never become possessory.

contingent-remainder

O conveys Blackacre “to Hartford School Board so long as used for school purposes.”

poss-of-rev

Prop2 Class 12 – Easements II

October 1st, 2014

Today we will wrap up our coverage of easements, and focus on whether easements in gross are assignable, what the scopes of easements are, and whether easements can be terminated.

The lecture notes are here, and the live chat is here.
Othen v. Roster was authored by Justice Brewster of the Texas Supreme Court.

brewster

Here a map of the property at issue in Othen, courtesy of the Dukeminier web site.

othen

 

othen-map

Here is a map of the Atlantis Beach Club from the New Jersey Supreme Court case, and a contemporary article from the New York Times. Also, here is a listing of the current fees to use the beach (assuming you can find it).

jersey-beach

View Larger Map

jersey-meme

You can also learn about a recent Texas Supreme Court opinion, Severance v. Patterson, concerning easements on the beach of the Gulf Coast here and here.