United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hughes v. Clarksville, 31 U.S. 6 Pet. 369 369 (1832)

Hughes v. Clarksville

31 U.S. (6 Pet.) 369

Syllabus

Construction of the Act of the Legislature of Virginia entitled

"An act fur the locating and surveying the one hundred and fifty thousand acres of land granted by a resolution of the assembly to George Rogers Clark and the officers and soldiers who assisted in the reduction of the British post in the Illinois,"

passed on 18 October, 1790, of the act of 1783, entitled "An act for surveying and apportioning the lands granted to the Illinois regiment, and establishing a town within the grant," and also of the act entitled, "An act to amend an act entitled An act for surveying and, apportioning the lauds granted to the Illinois regiment,' and establishing a town within the grant," passed in 1790.

Construction of the act of the Legislature of Virginia, passed in December, 1783, adding the territory northwest of the River Ohio to the United States, and of the deed of cession of the same territory, executed on the lot of March, 1784.

That a lessee will not be allowed to deny the title of his lessor, is admitted, but it is not admitted that a contract executed for the purpose of conveying and acquiring an estate in fee, but wanting that legal formality which is required to pass the title, may be converted into an agreement contemplated by neither party, and by this conversion estop the purchaser, while it leaves the seller free to disregard the express stipulation.

The facts are stated in the opinion of the court.