Sunday, August 27, 2023

Martin v. Hunter's Lessee


This case involves two chains of title;the Tory Chain and the Patriot Chain.


Tory Chain


Lord Fairfax------------Thomas Martin



Patriot Chain


State of Virginia (by confiscation )---Hunter----Hunter's Lessee



Who owns Blackacre under federal law (the Treaty of 1794--soldiers win wars, diplomats lose the peace)?


Who owns Blackacre under Virginia state law?


Which law governs? Who decides?


Key passage: "The courts of the United States can, without question, revise the proceedings of the executive and legislative authorities of the states, and if they are found to be contrary to the constitution, may declare them to be of no legal validity. Surely the exercise of the same right over judicial tribunals is not a higher or more dangerous act of sovereign power."
 
Article VI  (Supremacy Clause):

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

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