The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-26
LAW REPoRT-cosrixuEp.
JUDGE cARRINGToN'S OPINION.

Thomas Lord Fairfax was proprietor in fee of tina,
traa of country called and known as the Northern
Neck of Virginia, he had power TO grant and appro-
pirate that territory in the whole in parcels in any
manner and upon fueh terms and conditions as he
might think proper; In his grants, in his fenoral
character he stimulated them TO grants by the go
vernn,ent of Virginia, Of lands without the Northern
Neck, grants by the government Of Virginia
payment of competition of 1874 Rerlng for every
100 acres with refsrVaton of Fee Of one fhil-
ling lerng annually for every so acres, and 70 in
proportion with provifo that if three years Of the
fad Fee 1hali at any time be in arrear and
paid, and if certain improvements be not made within
three years from the date of the grant, the eate in
the grantee hould ceafe and be determined and that
thereafter government might grant the fame lands to
another.
Lord Fairfax grants for the fame cou1pofiti-
OH and the fame relervaon Of Fee rent, with pro-
vito, that in cafe the ad Fee houd be in arrsar
and unpaid by the fpaee of two years, that then it
thall and may be lawful for the grantor his heirs or
agns to and hold the fame lands as if never
before granted In both thoie graats the Fee of
fhilling herling for every SO acres, always
called and denonnated aqa.-rsns, it numerically
known and underltood from the earie0 times to the
prefent, and it is agreed in the prelent cafe that
TO- IL alto agreed in the cafe before this court,
that Id. Fairfax ALTO exercned right of lea6pg for
term of years and for life or lives, referying
nual rents parcels of lands held by him waite and
unappropriated.
1t is agreed in the cafe, that Lord Fairfax eaufed
to be laid off in lots, certain tract Of country with
in the Northern Neck, called and known by the
name of the fouth branch manor, which he leafed and
granted for three lives renewable forever, which
grants rent was referved Of cor Rerng with right
Of rs-entry for nou-paymen of rent He alto laid off
another tract called the manor of Leeds, and in his
eonveyances of thoie lots, is condition and dtni-
.hoCal
ferved the payment Of the surents and after fundry
Populated improvements be made by the tenants
the rent OF 40f per anIum to be paid, reerving
Alright of re-entry by the proprietor failure per-
fnrm the terms of the lsafe Whether Id Fairfax had
right to create thofe n,anors not, is the
aaeton, Itake notice Of them only for the purpole
of discovering what he in his grants meant by the
term sui,-,<nfi.
There were other kinds of grants, and of them
were lees by the proprietor of lots in and the
preient dpute is upon of thele leafes. 1t is
greed in the cafe, that the town of Winchester with
in the Norrhern Neck furveyed, laid of and ef-
tabliihed by act Of aenbly in the year 1852.
That Lord Fairfax as proprietor OF the Toll demanded
and received the fun of (. 10 ferling for each LOT
conveyed by him fubje6 to covenants and refervas-
expreiled in the grants, and amongt Others was
the grant James Lemon under whom the defend
ant claims, the and manner of this conveyance
is in fubRalce as follows: The proprietor grants
for himfelf and his heirs unto James Lemon two lots
Of land waite and not bfOrs granted, htnste in the
town Of Winchefer, defcribed by numbers and boan-
darie.-lnbiea to conditions for building one, and
not building the other, the latter being intended
as common to the inhabitants of the town, and ub-
ject further the payment Of the rent OF fiferng
yearly and every year for the faid two los, with
provifo THAT if the faid annual rent fha be behind
and unpaid by the pace of thirty days next after,
the fame ihal become in arrear, and NO fufhcent d-
h.r
the premfes, that ia tina. cafe the fad lOs ihal be-
Genre forfeited and again vefed in the proprietor
dated 18th May, 1853. sod. t
tits agreed that Lord Fairfax died in the year 7sl
5eized and poIeNed proprietor of the N. Neck of
Virginia, having made his will, duly authenticated,
whe rein he devfed to Denny Martin (now Fuirfax)
all hi. interea in and sng out of lands in the Nor
thern Neck Of Virginia, including lots and lands in
the of Winchefsr, the faid Denny and his
heirs forever. BY virtue of which will and teiiament
If is agreed that the Laid d. Martin became s7yfnly
fixed and eDtgfJ oft;a 5f.ieJ o devfG-That he
Brtifh fubjet and 10 continued-and born in l726.
That on the 9oth Of Auguft 1907, the appellant
for good and valuable confederation, by indenture
OF that date Obtained grant himelf and his heirs
from D.. NJ Fairfax, Of all and every of thoie lands, of
divers tras pieces and parcels OF land, being part
and parcels of the proprietary of the Northern Neck
of Virginia, and all and every of the re, aiming
real eRates and beneficial rghs ind intereffs Of him
the fsid d. NJ. +. of whadoever nature the fame
may be, Of in, arie of from ths fame,
al or any other lands within the c. w. of Virginia,
with sber and every of ther rights, members ard ap
purtenances, faving and excepting the manor Of Leeds
and every part thereof and all and every gut-rs
f-rved on grants of and for all and every part of the
lands Of the faid NJ Neck OF Virginia du, and
hereafter grow due for the faid lands and every
part thereof and all the beneficial right and in teret
~hauoever of him the faid ID. M. +. of, in nd to
rbe laid excepted manor lands and 7a-ysnfS anil alto
faying the trsa eaIl'd Berrys Ferry. IL is greed
that the nterei Of D. M r. in all the lots and
in the town of Winchester included in the afore-
fad conveyance that the for the ots in OF eon
have been behind and unpaid for the paee of years.
That in the year 1913 the appellant demanded the
premfes in due forE, Of law, the which had be-
come due and payable and from the fai lots and
then in arrear, that the fame pail, nothing
ON the premfes whereof diarefs could be made, the
appellant entered and Quilted; an ejt9ment was
commenced, and upon this cafe agreed the dillri6
court decided, that the law was for the defendant
which produced the appeal now under CO alteration.
In fupport of the Judgment of the dieria court,
the principal point relied by the apPeihes council
s that the guf-resf referved by d. M Fairfax in his
deed to Marlha is the 81 Rerlng, reierye as rent
by Lord T. in his deed to Lemon, and therefore,
that Mars has right recover for the forfeiture
by uon-paynent of rent, 20 which he is not enti-
ted.