Lewes Sand Co. v. Graves

Rodney, J.,

delivering the opinion of the Court:

We may consider the first two assignments of error as one. Both have a tendency to attack the validity of the lease from the Commissioners of Lewes to Henry G. Graves and Lewis B. Graves, the plaintiffs below, defendants in error. The Lewes Sand Company strongly relies upon the language of the Legislative Act vesting the lands in the Commissioners of Lewes, whereby the Commissioners were authorized to lease the lands “to persons who will improve or agree to improve the same.” The plaintiff in error contends the lease was ultra vires on the part…