Fairfax's Devisee v. Hunter's Lessee
Encyclopedia
Fairfax's Devisee v. Hunter's Lessee, 11 U.S. 603 (1813), was a United States Supreme Court case arising out of the acquisition of Fairfax land in the Northern Neck
of the state
of Virginia
by the family and associates of John Marshall, including Robert Morris. Because of the complexity of the conveyances of Fairfax land prior to the acquisition, litigation was almost bound to arise even in the absence of questions arising under the Peace Treaty.
The litigation began in 1791, in the Virginia District Court at Winchester
. In 1793, parties arranged a test case with the object of having points of Virginia law settled, but in 1796 the Virginia House of Delegates
intervened on behalf of those who held Fairfax land under conveyances by the state. (Hunter of "Hunter's Lessee" is one.) The Marshall interests agreed to a compromise with the state, at Robert Morris' urging, as a sine qua non
of obtaining loan
s from foreign sources. What was actually agreed to in the compromise was itself open to dispute. John Marshall seems to have believed in those years (the late 1790s) that the family was on legally solid ground.
The case reached the Supreme Court on "a writ of error to the Court of Appeals of Virginia
in an action of ejectment
involving the construction of the treaties between Great Britain
and the United States, the judgment of the Court of Appeals being against the right claimed under those treaties."
Justice Joseph Story
refused to accept, as final, the Virginia Court of Appeals' interpretation of Virginia law. He found that precedents in Virginia law itself upheld the Fairfax titles. Story's decision to "look into" Virginia law was a vital step in securing federal supremacy. Otherwise, the federal courts
could be effectively blocked, by a state court's decision, from addressing a federal question— in this case a British national's rights under the treaties with Britain. The history of litigation prior to reaching the Supreme Court suggests that there was much for the Court to look into.
Justice Johnson dissented, arguing that the Virginia legislature acted within its rightful authority, when the Fairfax lands were sequestered without certain established procedures being followed.
After the U.S. Supreme Court decided that the Virginia Court of Appeals was mistaken in denying the validity of the Fairfax land titles, the Virginia Court rejected the U.S. Supreme Court's mandate. Martin v. Hunter's Lessee
then came forward under a writ of error. Fairfax's Devisee is, however, significant in its own right.
Northern Neck
The Northern Neck is the northernmost of three peninsulas on the western shore of the Chesapeake Bay in the Commonwealth of Virginia. This peninsula is bounded by the Potomac River on the north and the Rappahannock River on the south. It encompasses the following Virginia counties: Lancaster,...
of the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
by the family and associates of John Marshall, including Robert Morris. Because of the complexity of the conveyances of Fairfax land prior to the acquisition, litigation was almost bound to arise even in the absence of questions arising under the Peace Treaty.
The litigation began in 1791, in the Virginia District Court at Winchester
Winchester, Virginia
Winchester is an independent city located in the northwestern portion of the Commonwealth of Virginia in the USA. The city's population was 26,203 according to the 2010 Census...
. In 1793, parties arranged a test case with the object of having points of Virginia law settled, but in 1796 the Virginia House of Delegates
Virginia House of Delegates
The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...
intervened on behalf of those who held Fairfax land under conveyances by the state. (Hunter of "Hunter's Lessee" is one.) The Marshall interests agreed to a compromise with the state, at Robert Morris' urging, as a sine qua non
Sine qua non
Sine qua non or condicio sine qua non refers to an indispensable and essential action, condition, or ingredient...
of obtaining loan
Loan
A loan is a type of debt. Like all debt instruments, a loan entails the redistribution of financial assets over time, between the lender and the borrower....
s from foreign sources. What was actually agreed to in the compromise was itself open to dispute. John Marshall seems to have believed in those years (the late 1790s) that the family was on legally solid ground.
The case reached the Supreme Court on "a writ of error to the Court of Appeals of Virginia
Court of Appeals of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc...
in an action of ejectment
Ejectment
Ejectment is the common law term for civil action to recover the possession of and title to land. It replaced the old real actions as well as the various possessory assizes...
involving the construction of the treaties between Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and the United States, the judgment of the Court of Appeals being against the right claimed under those treaties."
Justice Joseph Story
Joseph Story
Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
refused to accept, as final, the Virginia Court of Appeals' interpretation of Virginia law. He found that precedents in Virginia law itself upheld the Fairfax titles. Story's decision to "look into" Virginia law was a vital step in securing federal supremacy. Otherwise, the federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
could be effectively blocked, by a state court's decision, from addressing a federal question— in this case a British national's rights under the treaties with Britain. The history of litigation prior to reaching the Supreme Court suggests that there was much for the Court to look into.
Justice Johnson dissented, arguing that the Virginia legislature acted within its rightful authority, when the Fairfax lands were sequestered without certain established procedures being followed.
After the U.S. Supreme Court decided that the Virginia Court of Appeals was mistaken in denying the validity of the Fairfax land titles, the Virginia Court rejected the U.S. Supreme Court's mandate. Martin v. Hunter's Lessee
Martin v. Hunter's Lessee
Martin v. Hunter's Lessee, , was a landmark United States Supreme Court case decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in matters of federal law.-Background:...
then came forward under a writ of error. Fairfax's Devisee is, however, significant in its own right.