Fairfax's v. Hunter's Lessee
Supreme Court of the United States
THIS w.as a writ of error to the Court of appeals of Virginia in an action of ejectment involving the constr.urtion of the treaties between Great Britain and,tlie United States, the'judgment {if the Court of appeals being against the-right claimed under those treaties. 'The state of the facts, as settled by the case agreed,, as follows: *• The title of the lafe lord Fairfax to all that .entire .and tract of land, called, the Northern Keck Virginia, the nature of his estate…
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THIS w.as a writ of error to the Court of appeals of Virginia in an action of ejectment involving the constr.urtion of the treaties between Great Britain and,tlie United States, the'judgment {if the Court of appeals being against the-right claimed under those treaties. 'The state of the facts, as settled by the case agreed,, as follows: *• The title of the lafe lord Fairfax to all that .entire .and tract of land, called, the Northern Keck Virginia, the nature of his estate in the samé as he inherited it, and the purport of the several charters and grants from the kings Charles II and James…
1Opinion of the Court
The Court having tákefi time since, last term to consider this case;
Story, J.
delivered their opinion as follows, (Mar-shade Ch. J.'and Todd J. being absent.)
The first question is, whether lord Fairfax was pro-proprietor'of, and seized of the soil of the waste and unappropriated lands in the Northern Neck, by virtue of the royal grants, 2 Charles, % and 4 James 2, or whether he had mere seignoral rights therein as lord paramount, disconnected from all interest in the land, except of sale or alienation.
The royal charter expressly conveys all that entire tract, territory, and parcel of land,…
2Cases cited2 opinions
- Pierce v. FraceWashington Supreme Court · 1891
- McLeod v. EllisWashington Supreme Court · 1891
3Cited by160 opinions
- Terrace v. ThompsonSupreme Court of the United States · 1923
- United States v. PalmerSupreme Court of the United States · 1818
- Hauenstein v. LynhamSupreme Court of the United States · 1880
- Stanley v. SchwalbySupreme Court of the United States · 1896
- United States v. Orlando Cordia Hall, Also Known as LanCourt of Appeals for the Fifth Circuit · 1998
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