Hunter v. Martin
Supreme Court of Virginia
SOON after the case of Hunter v. Fairfax's devisee (reported in 1 Munf. 218—238,) was decided, the appellee Martin, obtained a Writ of Error from the Supreme Court of the United States, requiring the Court of Appeals of Virginia to certify the record for re-examination by that Court. The Honorable William Fleming, President of this Court, complied with the writ by certifying a transcript, “ imfirovidently,” as was afterwards decided by himself as well as the other Judges.
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SOON after the case of Hunter v. Fairfax's devisee (reported in 1 Munf. 218—238,) was decided, the appellee Martin, obtained a Writ of Error from the Supreme Court of the United States, requiring the Court of Appeals of Virginia to certify the record for re-examination by that Court. The Honorable William Fleming, President of this Court, complied with the writ by certifying a transcript, “ imfirovidently,” as was afterwards decided by himself as well as the other Judges. The Supreme Court of the United States took cognizance of the case, and, having reversed the judgment, Issued a mandate in…
1Opinion of the Court
the Judges pronounced their opinions, seriatim.
Judge Cabell.
This was originally, an Ejectment brought by David Hunter against Denny Fairfax, in the Winchester District Court, for a tract of land lying in that part of Virginia commonly called the Northern Neck. In that Court, the parties, by their counsel, agreed a case which it is deemed unnecessary to set forth at large. It will be sufficient to observe that, upon the case agreed, it was contended on the part of those claiming under Lord Fairfax, that Lord Fairfax being a citizen of this Commonwealth, and *4seized in absolute fee simple of the…
2Cited by11 opinions
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