Fairfax's Devisee v. Hunter's Lessee

Supreme Court of the United States · 1813 · Federal Courts

Federal Courtsalien enemydeviseinquest of officeoffice foundseizinNorthern NeckLord Fairfax

Facts

Lord Fairfax held the absolute property in the waste and unappropriated lands in the Northern Neck under royal grants, and at his death he had title, seizin, and possession of the land in controversy. By his will, he devised to Denny Fairfax, who at the time was an alien enemy. Virginia later issued a patent in 1789 to the lessor of the original plaintiff for the land, but it was admitted that the commonwealth had made no entry or seizure during the war and no inquest of office was ever had. Denny Fairfax remained in complete possession and seizin when the suit began and through the 1794 treaty.

Issue

Whether Denny Fairfax, as an alien enemy, could take the land by devise and hold a sufficient title unless and until Virginia divested him by inquest of office or its equivalent; whether Virginia statutes had already dispensed with that requirement and vested title in the commonwealth so its 1789 patent was valid; and whether the 1794 treaty protected Denny Fairfax's title.

Rule

At common law, an alien, including an alien enemy, may take land by purchase or devise, but holds it only defeasibly for the benefit of the sovereign until divested by office found, and where possession is not vacant by entry and seizure as well. A sovereign grant of such land is invalid until the sovereign's title has been fixed by those means or their lawful equivalent. Statutes will not be read to repeal the common-law requirement of office found on light implication. Under the 1794 treaty, British subjects who then held lands in the United States continued to hold them according to their estates and were not to be treated as aliens as to those lands and remedies.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In 1788, Owen Mercer, a landowner in western Pennsylvania, died testate and devised a tract of unimproved land near Pittsburgh to his nephew, Colin Mercer, a British subject living in London. In 1790, Pennsylvania issued a patent for the same tract to Leah Benton, even though no inquest of office or similar proceeding had been conducted against Colin.

Who has the better title under the governing rule?

Explanation. The majority held that an alien, including an alien enemy, may take land by devise because that is an acquisition by act of the party, not by act of law. The alien's estate is defeasible for the benefit of the sovereign, but it is not divested automatically. Until office found or an equivalent proceeding fixes title in the sovereign, a later state grant passes nothing.