Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-03-02

FEBRUARY, 1877, and of Slst January. 1919
concerning occupying claimants of land, ars
Unconstitutional.
This question depends principally upon
the construction of the 9TH article of The com
pact made between Virginia and Kentucky.
upon the separation of the latter from the
former siate--that compact being patti OF
the constitution Of Kentucky. The 9TH ar.
ticle declares shat oil private rights and in
"terests ct and within ,ae said district, de
rived from the laws OF Virginia, shall re-
"maIn valid and secure under the laws Of
ne proposed tate. and shall be determined
10y the laws now existing in this state
!. We should have been glad, in the COAST
oera'Ion OF this subject, To have had the be-
neht OF an argument on behalf of the defend
ant; but, as no counsel has appeared for him,
and the cause has been for some time before
the court, 1t IS necessary TO pronounce the
d-c''lon which, upon deiiberation, we have
formed.
As tar es We can understand the construc
tion OF the 9Th article of the cpmoact Con.
tended for by those who assert the constnu.
uona'iiy OF the laws in question, il is, that it
was intended 10 secure 10 claimant, Of land
ttsir rights and interests thrreio, by preser
wing differentiation of their title, nv chs
laws under wnich they were acquired. If
TINS be the true and only import Of the srti
cir. Is 10 a mere oullity; for, by the general
principles OF law, and from the necessity of
the case, titles TO real estate can be determi.
ned only by the laws OF the state under which
they are acquired. Tides 10 land canno, be
acquired or tran'fcrred 10 any other m lode than
that prescribed by thu laws of the territory
wnere 1t is situate. Every goverpmsn, has.
and from the nature of sovereignty rnu,t
have, the exclusive RICH, of regulating the
descent, distribution, ard grants, of the do
main within Its own boundaries, and tb;,
right must remain until il yields it Up by
compact or conquest. When once a tile 20
lands Is asserted under the laws of terrific
ry, tho validity of that title can be Judged of
by 90 other rule ,han sio,e laws furnish. in
which It had its origin; for no title can Be &C.
CURED contrary to those law; and title good
oy those laws, cannot be di,reg.rd & but by
a departure from the frs, principles of Jus,
tee Ii the article meant, therefore. what
mas ceen supposed, j, meant only to proyide
Tor the aitit nation Of that which is the uni.
versai rule IN the courts of civilized nations,
proiessed to be governed by tie dictate, OF
law.
Bclide., the titles to lands can In no lust
sense, IN compacts of This sore. he supposed
to be separated from the rights and interests
in those lands.
L: would be almost a nockery to sunpose
tina: Virginia could feel any solicituae as to
the recognition of the abstract validity of ii.
ties when they would draw after them no
beneficial enjoyment of the property. OF
what value Is that title which communicates
10 right or interest in the land ltse.fp or how
can that be said to bs any title at all which
cannot be asserted in cour, Of Justice BY the
owner, to Defend OF Obtain possession Of his
property?
The language of the 9TH article cannot, in
our judgment, be so construed. The word
ale does not occnr in it. Ii declares. in the
most explicit terms, that all priuate rights
ana interests OF lands derived from the law.
ot Virginia, shall remain valid ana secure I'm.
der the law. of Kentucky, and shall be deter.
mined by the laws then existing in Virginia.
IL plainly imports. therefore, tia, these rights
and Interests, as to their nature and extent
shall be exclusively determined by the laws
OF Virginia, and that their security and val,
dity shall not be in any way impaired by the
laws of Kentucky. Whatever law, therefore.
OF Kentucky, does borrow these rights and
diminish these interests, is violation of the
compact, and is, consequently, unconstitu.
tional.
The only question, therefore, is whether
the acts 1897 and 1912, have this effect. IL
I' undeniable, that no acts of a aimilar cha
racter were in existence in Virginia at the
time when the compact wa, msde, and there.
tore 40 aid Can be derived from the actual
legislation Of Virginia to support thsm.-
The act of 1877, provides, that persons evic-
ted from lands TO wrich they can show a
PLATO and connected title in law OF equity
without actuel notics of an adverse title, shall
be exempt from all suit, for rents or pr ofto
prior to actual notice of such adverse title.
j. also Provides that commissioners shall
be appointed by the court prOnouncing the
j ud ( ment of eviction, to assess the value of
ali lasting and vsiuebIe Improvements made
on the land prior to such notice, and thsy
2Ss 20 return the assessments thereof gfter SUB.
tracing all damage. to the lands by waste,
&c, 90 the court; aud Judgmen, is to be re-
turned Tor the assessment, in favor of Ihe
person evicted il the balance be tor him, a,
gainst the successful party, upon which ludg-
ment execution shall i'm media,eIy issue. un-
less such party shall give bond for the psy-
men, Of the same, with FIVE per cent interest
In twelve months from the date thereof; and
1t the balance be in favor of the successful par
ty, like Judgment and proceedings are to be
had in his favor. The act further provides
that the commissioners shall also estimate
the value Of the lands exclusive of the in,.
pTovsmen,s; and IL tbs value of the improve
ments shall exceed The value Of the lands, the
successful claimant may transfer his tile to
the other party, and have judgment in his
favor against srch party for such estimated
value OF the lands. There are other proyis.
ions not material TO be stated.
The act of 3lst January, 1912, provides
tha', if any person have seated or improved,
n sh.I he raalfar snns ..r irr,-rnun .ru lnndn