The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-22

a might refpetf the laid lands, and the legal re-
- medies incident thereto, DC regarded aliens"
IL is hted in the cafe agreed in this eaufe, that
all the lands in the Northern Neck became lawful
ly veed in Lord Fairfax, and his heirs prior the
year 1856, and remained vefled in him, and in his
poHeiiion until the time of his death at which
time, and long before, he citizen Of this
I" monwealth, capable Of holding lands within the
" fame. and of tranfmitting them by devIe, or o.
therwiie'rhat, being lawfully feized and poiltaed
" Of the lands in the Northern Neck, deviied all his
" intereit in, and iluing out Of the lands neuding
the lots in the town OF Winchelter) Denny Mar
tin, and to his heirs for upon condition that
he fhoud take the name, and ahunie the arms oi,
Fairfax; with which condition the faid Denny Mar
Z" tin hath complied and by the name OF Denny
" Martin Fairfax, has become lawfully feized and
f" poflelfed of the eitate 70 devifed.''
That no inqueR of Office has ever been holden
OH the llnds in the declaration mentioned, ON the
I" inieret reierved by the laid Thomas D. Fairfax,
RS or to Gue of the lands in the OF Wilchei
I" Ter aforefaid."
What is to exclude this cafe from the operation OF
the above rscited article in the treaty of 1894,
am at lois to diicover but, fhould there be any
circumstance in the way, tina, has efcaped my OFFER
vation, il appears that the a6t of aen,by paH
ed the 10th December, 1896, commonly called the
aa of compromif-, puts the title Of Denny Fairfax
and OF thofe who claim under him, beyond all man.
ner OF doubt. now proceed to coAider the other
point wit, whether Id. Fairfax could dcyiie, and
Denny Fairfax could convey, the right of sntry for
forfeiture incurred by the non-payn,et of rent
BY the ftatutes Of wills, Of the 32d and 3Ith of
Henry the sth all perons beng iezei i'll fee limple
Except fcme coverts and thoie under ether legal
dabilities) might dsvfe to any other perion (other
than to bodies cerporate) the whole Of their lands
tenements, and Bsyditarscnts, in which compre-
hended I conceive rents, and al fuch immovable
things whether eorPorea or ineorporeal annexed to-
or ii.ling of lands and tenements, which if not
devifed, would defend to the heir of fuch perfnn
And by the late declons in England, upon the fla
tutes of wills, contingent inter.ts in lands, refting
on mere poilbisy, will pats by will made pre-
vious to their vetting Selwn Selwin n Bla rep
222-and Moore and wife " Hawkins in he char-
Gerry before Id. Washington, in the year I765 and
cited by Lord Loughborough in Perry Jones-
Henry Blaokff. reports IS aud SIN trinity term
1888.
The cafe was this, Ja G,uI5 devifed all his real
eates, III tyye for his fon Jane, and his heirs, and
# he ihouid die without iue, under age, then that
all his eitates ould so Coekran his heirs and al
Ggns
Cochran deved all his eflates whereof he was fex-
ed, IN Poieiion remainder reverGon, the plain
tiff and died in the lifetime of 7as. G,ub5 the fon
who afterwards died under twenty one and without
ilue.
On bill brought by the devifee of Cosfran suef-
ton was made whether the faI1i!Ity given Csckyau
| was devfable
The Id. Chancellor iaid, q 1 have never had any
doubt, fince was twenty-five years old, but that
theie contingent intereffs deviiable notwth-
itandiDg forne old authorities to the contrary. /
ient the queition, however into the king. bench,
the cafe Of Srizgia Seiyva, for the iatisfacton
Of the parties, and the certificate of the Judges in
" IN that cafe implies, think that they agreed with
me in opinion" Upon which folicitor General
DE Cry, and Siyxatr, waved all further argument,
on the other 6de and Lord Nor,hington added,
eAs argument is properly Withdrawn as the poiut
Is ietted, and Dug hit be fhaken. II isl right
& and liberal determination"
And on thoie authorities Judgment was given for
Perry the lelior of the plaintiff.
ihoie ttatutes Of Henry the 9Th in force here
at the death OF Id Fairfax and our acts of 1855
and 792 the lubjeet are fill more minute and ex
Plct with repe9 fubjetts that may be deviied by
Tiii bur as they do not apply the cafe now under
confederation, having been paGed iince Id Fairfaxs
death, fhali take no further notice of them.
iu the grant OF the lots III queision James Lee
mon, under whom the appellee claims, there re-
lervaton Of lerling yearly rent, with provide or
condition that if the iad annual rent hould be be-
hind or unpaid, by the fpace of so days next after
no iuincieD diftrefs upon the Premes can be found
whereof the fame may be levied, then, and in that
Gale, the iaid lots become forfeit and yeaed in
" the grautoT and his heirs"
There be no doubt, I conceive, had Lord
Fairfax died ntcttate but his heir might legally have
entered on the premies, for forfeiture incurred by
the non-Payment of the rent, provided dilrefs |
whereofit might have been levied could have been
found thereon IT 70, it appears clearly me- that
the right Of taf,y which in cafe of ineiacy would
have defended to the heir, paed the device by
the deViie of the tsaator, Of ali bis inerf IN and if
aiEg o9t G tie land in liz Woyf6elA Nesk, Including
the lots ia the town of Winceer Gas expressly ated
IN cafe agreed in cafe the houid be behind and
unpaid as aforementioned.
1t is iaed in the cafe agreed, that the faid Denny
Martin by the name of Denny M Fairfax and by vir-
of the fsid lait will and teament of the laid Thos
l.. Fairfax, has become lawfully ieized and poGeed
OF the etae 70 devied and that the interet Of the
laid Denny M Fairfax all the lots aud rents in the
aid town. of Wincheiier has been fold aud conveyed
TO James M. Marihall, the leor Of the plaintiff witt.
reference to the deed by which the eate was con-
veyed, bearing date the Goth day of Augui 1897, |
in which the faid ID. M. Fairfax conveys to the aid
Jas. M Mdrlhan, and his heirs, all aud every thoie
divers tracts, pieces and parcels, of land, being part,
and parcel of the proprietary of the Northern Neck
Of Virginia. and ALL and every Of the remaining |
real eitate, aud beneficial right, and ntere, of him
the faid Denny M Fairfax of whatioeyer nature the
fame may be, Of in, to, or to arife Of or from
the fame" excepting the manor Of Leeds, and
imSll tra9 called Berry's Ferry.
4, appears to me then, that Denny Martin Fairfax,
having the right of entry for forfeiture veied in