Martin v Hunter’s Lessee

Martin v Hunter’s Lessee - Martin v...

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Martin v Hunter’s Lessee March 20, 1816 I. Facts a. Thomas Lord Fairfax, a colonial proprietor, had died and left 300,000 acres of land in Virginia to his nephew, Denny Martin, a British subject. Virginia law prohibited inheritance by enemy aliens. The Virginia Legislature sold a large amount of the land to Hunter. When the Revolutionary War was ended by the Jay Treaty of 1794, the terms of the treaty included and anti-confiscation clause intended to safeguard the lands of Tories after the war. According to the treaty, Virginia should give the land back to Martin. The Virginia Legislature, instead, passed the Act of Compromise which validated sales of confiscated land if it was done before a certain date. Hunter argued that the Act of Compromise entitled him to the land. b. The case works its way up through the Virginia courts and the Virginia Court of Appeals ruled in favor of Hunter. Martin appealed the decision to the United States Supreme Court. The Supreme Court reversed the decision and ruled to turn over the
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This note was uploaded on 04/30/2010 for the course PLS 459 taught by Professor Lermack during the Fall '09 term at Bradley.

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Martin v Hunter’s Lessee - Martin v...

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