The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-15
Law ACCOMPLISHMENTS


itbiea is one of.he mott important which can be
brought before orr courts and the court appeals the
hphel judiciary tribunal known in Rate, we have
conceived thar the following report, whit IL ferves
TO diverfy the crehts Of paper, will not fail to
interelt the attention Of its readers.
~. TIE" est:" laid TO be agreed ueas," 1, Gafe-
sent Of IL. s pyeviogly agreed l'on " i6e parties,
.bas ssy may se tb.ss tie ioboxr Of fysisg hdes1.
T5rE fay7s are setimes nsrftred a~i then sbs rcord
&c ndisg" 1c;tb a eertais sEssber 6are IL. Arb
Ea!gsg rspre5ss f5s particular f7 indicated BY fbss
aazstsr
Caar. Of 44.ss-als, Mos,. i4tb, 1905.
JAMES NJ MARSHALL, appellant.
DANIEL. CONRAD, appellee.
RoAwE: T4iqe This is an action Of ejetament,
brought by the appellant againft the appellee for a
lot in the tuwn Of Wineheiter. The principal OBJ
je Of the u, 20 try the title Of the appellant to
of per annun, sliedged be due on the fiid
lot, and claimed by him grantee under Lord Fair
fax. The fad Fairfax having In his deed expressly
,svelal q4i-r,nt,, the appellant has right
in this safe, this court be of opinion, that the
rent in quefien is gs-,enf. Being clearly of opni
on that thar reut is guit-,ent, hall corine my
alterations principally that point, although other
topics diculed at large in the argument.
is expressly agreed in the cafe before US, that the
of 81 per hundred reierved on land grant
ed in tie Northern Neck, and on thofe granted in the
other partof Virginia before the revolution was thro
thoe territories evely denonsinsted quit
IL is ALTO admitted by the council all iides
in this argument, that thofe iu'us and qais-
rents although Mr.. Call, council for the appellant
has made a complete j:lo Il e of his adnitIon, by
bringing the ten OF the Esyi;6 idea of quit
He contends, under that tandard and refers TO
Bla Com. AZ, that it is eIenal quit-rent that
the land loud be held under manor, and alto that
payment of the rent, the tenant Eould 90 7ri. OF
ali Further fervices.
II this be the andard, then the aid &c rent is
not legal qut-rent: Then there never were any
quirrents in this country for It. the grant for land
by Lord Fairfax ated in the 9TH finding Of the cafe
(and sfurther found that the grants for waite
lands were mij oymiy aike) makes mention whate-
yer of msnor; and ely. the grant by the governor
of Virginia tated in the 9th finding of the cafe (ard
all his grants undoubtedly alike in this refpeGa)
annexes otter i,uss. bedcs the payment of the rent,
~ be rendered by the tenants viz. the cultivation
and Improvement Of the land. That gentleman ther,
maa either give this faVorite Englh criterion of a
guis-reut, or retraa the conceiion he has made
As fueh retraaion cannot for moment be conten,-
plated, mum refort fone o6er criterion of quit
adapted the cafe of the aid 2c and decve OF
the quelion before The criterion fall embrace
Is that which is fanaioned by the eepuar and igaive
understanding on the fubje6 through long fuccei;-
on OF time.
That understanding has thrown into the clais Of
qu!trents thofe reiervcd the king, OF pro
rrietor, the cafe may be, aboic.s grast of
,egfs iauu; grant for which an original
price was PAID, generally denominat-d competition
money, and which afrijaisg is reierved as
nisre ienda acknowledgement of tenure. This un-
derfu,ding u,VejaI it related to the 2C rent
beeaue that rent alto univerfa, throughout the
whole country Tie rent of 81 in quenion was
Cd
itfef ieat and fa,te4y. 1t was known in remote
places that fuch rent extled, but 70 far as fuch
knowledge did extend, viz. in and about the of
Winchester, the rent in queffion is agreed to have
been generally denoninated quit-rent By the peo-
pie and fcne.mes 70 Disseminated by L. Farias's a.
gents. Had towns and grants of thi, delcription
been generally e.tabhed throughout that territory
there is no quelion, but that this rent would have
been universally denou,inated grif-,s.., as the
reut of per hundred acres on lands.
have aid that the rent Of 2f per hundred acres on
land rnioegiaily ureerfood TO be a quit-rent ;
but in this am Incorrect. The understanding was
e0nned the territories Of the Northern Neck and
of the reiduary part of Virginia respectively in rea-
ton to their REFLECTIVE quit-rents. The people
of the one knew nothing 10 far can judge from
the cafe agreed) of the exiting in the other
territory aud there is ufage found this fubjea
extending beyond their reipeetiv and con-
fines Liketl 81 rent now in queflon, the 2frents
were gaiVfioy 10 denoIlIated by the people reipec-
tivay TO whom they were known and by whom they
were payable, but TO further There is therefore
in thisrepea perfect analogy between the two CAT.
es Am NOT therefore correct in fayng that the rem,
of sis as much fanfioned eui.-rent by the be-
5rlGr opinion < understanding within the tphere Of
its cxihettce, as the rent of 2E
II there be any gr1,a pd1agef in our laws in a.
ny Treaties upon our laws, which i.em conne the
idea fquitrent to the 2crents, we nun attribute
to the fame Of knowledge Of the exiRence of thi
local rent OF gE But this plead fuel
Ignorance in execute. The cafe is properly brought be
iie fame principles as apply % tps l;ie nan
rent Of 81 per 100 aerol
The rent before US entirely corefponds with The
2 rent payable on lands in the Northern Neck in an
its sf.utal eaures-for IN. The lot granted in tbi
Gale Is expressly tated in tie ld to have been here
toore waite and ungranted land" IL is alto furhe,
0gSssd that there Is urvey eStan of that land pri
or TO the edablilbment Of the town of Wincheher
The aet Of aleniby that fubeet dogs not pretend
that that lad ever before granted or approximate
-nd the all of the legislature only obtained 70,
the purpofe Of comforting the grantees Of lots the
privileges enjoyed by the eeholders and inhabi,ant
OF other towns as to any right of property, palm,
ro the grantor to the grantee Of the lots the al y
aheney Ia wholly Glent and inapPlcable. This fea-
ture then OF being land Gggra1fed by the Proprietor
prior to the very grant in quelion places ills lot on
common ground with general grants of vacant trac,
of IIaf in the fad 1od Ir Z. -