Fairfax's Devisee v. Hunter's Lessee

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Fairfax's Devisee v. Hunter's Lessee, 11 U.S. 603 (1813)[1] was a United States Supreme Court case and is the predecessor to the landmark case Martin v. Hunter's Lessee, 14 U. S. 304 (1816).[2]

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 significant in its own right.

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. [3] 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 .[4] 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. [5]

[edit] See also

[edit] References

  1. ^ FAIRFAX'S DEVISEE V. HUNTER'S LESSEE, 11 U. S. 603 (1813) - US Supreme Court Cases from Justia & Oyez
  2. ^ MARTIN V. HUNTER'S LESSEE, 14 U. S. 304 (1816) - US Supreme Court Cases from Justia & Oyez
  3. ^ 11 U.S/ 603 @ 625-628
  4. ^ Haskins and Johnson, Foundations of Power, vol. 2, Oliver Wendell Holmes Devise,597-599
  5. ^ 11 U.S. 603, 2 601-602
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