RESPONDENT: Hunter's Lessee
LOCATION: Supreme Court of Virginia
DOCKET NO.: None
DECIDED BY: Marshall Court (1812-1823)
LOWER COURT: Supreme Court of Virginia
ARGUED: Mar 12, 1816 / Mar 13, 1816 / Mar 14, 1816
DECIDED: Mar 20, 1816
Facts of the case
Lord Fairfax held land in Virginia. He was a Loyalist and fled to England during the Revolution. He died in 1781 and left the land to his nephew, Denny Martin, who was a British subject. The following year, the Virginia legislature voided the original land grant and transferred the land back to Virginia. Virginia granted a portion of this land to David Hunter. The Jay Treaty seemed to make clear that Lord Fairfax was entitled to the property. The Supreme Court declared that Fairfax was so entitled, but the Virginia courts, where the suit arose, refused to follow the Supreme Court's decision.
Does the appellate power of the Supreme Court extend to the Virginia courts?