Legal Opinion

French v. Successors of The Loyal Co.

Supreme Court of Virginia

Decided July 15, 1834Published

This was an appeal from a decree in chancery of the circuit superiour court of Augusta. The facts of the case were stated in a case agreed between the parties, as follows: 1. By an order of council of the colonial government, dated the 12th July 1749, leave was granted to John Lewis and thirty-nine others (afterwards called The Loyal Company), to take up and survey 800,000 acres of land, in one or more surveys, beginning on the boundary between Virginia and North Carolina,…

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This was an appeal from a decree in chancery of the circuit superiour court of Augusta. The facts of the case were stated in a case agreed between the parties, as follows: 1. By an order of council of the colonial government, dated the 12th July 1749, leave was granted to John Lewis and thirty-nine others (afterwards called The Loyal Company), to take up and survey 800,000 acres of land, in one or more surveys, beginning on the boundary between Virginia and North Carolina, and running westward and northward so as to include the quantity: and they were allowed four years time to make their…

1Opinion of the CourtCakjr, J.

Several points were relied on by the counsel for the appellant, for the reversal of the decree.

It was first insisted, that the statute of February 1818, incorporating The Successors of The Loyal Company, and enabling them to sue, was unconstitutional. I have examined this point with the care especially due to objections striking at the powers of legislation, but can find no ground for its support. The statute invades no contract, touches no right, affects no privilege of the defendant. It merely enables the plaintiff's to sue. We decide the controversy by the same facts, the same legal and…

2Cases cited6 opinions

  1. Miller v. KerrSupreme Court of the United States · 1821
  2. Taylor & Quarles v. BrownSupreme Court of the United States · 1809
  3. Noland v. CromwellSupreme Court of Virginia · 1814
  4. Norvell v. CammSupreme Court of Virginia · 1818
  5. Lyne v. JacksonSupreme Court of Virginia · 1822

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