Lambert's Lessee v. Payne
Supreme Court of the United States
This was an ejectment brought in the Circuit Court of the United States,. for the middle circuit in the Virginia district; in which John Doe, a subject of the King of Great Britain, residing without the state of Virginia, lessee of John Lambert, another subject of the King of Great Britain, complains-of Richard Roe, a citizen of Virginia, residing within the said state, and; claims possession of a messuage and tenement, containing 156 acres of land, in the county of Henry,…
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This was an ejectment brought in the Circuit Court of the United States,. for the middle circuit in the Virginia district; in which John Doe, a subject of the King of Great Britain, residing without the state of Virginia, lessee of John Lambert, another subject of the King of Great Britain, complains-of Richard Roe, a citizen of Virginia, residing within the said state, and; claims possession of a messuage and tenement, containing 156 acres of land, in the county of Henry, being part of a tract of land called Marrowbone. The jury found the following special verdict, viz : “ That George…
1Opinion of the Court
The judges now delivered their opinions seriatim.
Johnson, J.
This is a writ of error from the circuit court of Virginia to-reverse a judgment in ejectment given for the defendant.
The circumstances of the case come out on a special verdict, from which it. appears, that George Harmer, under whom both parties claim, was a citizen, of the state of Virginia. That on the 25th June 1782, he made a will, by which he devised “ all the estate, both real and personal,which (he) possessed,, or was entitled to, in the commonwealth of Virginia,” to certain trustees-*“in trust and upon these conditions :…
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