Hite v. Fairfax
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''Hite v. Fairfax'', (Original Case Citation: 4 Call 42) 8 Va. 42 (1786) was a case decided by the
Supreme Court of Virginia The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrativ ...
that upheld the original
title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
of land granted to Thomas Fairfax, 6th Lord Fairfax of Cameron, over what was known as the
Northern Neck The Northern Neck is the northernmost of three peninsulas (traditionally called "necks" in Virginia) on the western shore of the Chesapeake Bay in the Commonwealth of Virginia (along with the Middle Peninsula and the Virginia Peninsula). The P ...
of
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
, a large tract of land located between the headwaters of the Potomac and
Rappahannock River The Rappahannock River is a river in eastern Virginia, in the United States, approximately in length.U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map accessed April 1, 2011 It traverses the entir ...
s claimed by Jost Hite. Future Chief Justice of the United States
John Marshall John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...
successfully represented the successors of Fairfax to the title. The land currently makes up what is currently considered
Northern Virginia Northern Virginia, locally referred to as NOVA or NoVA, comprises several counties and independent cities in the Commonwealth of Virginia in the United States. It is a widespread region radiating westward and southward from Washington, D.C. Wit ...
and the Fairfax namesake county,
Fairfax County Fairfax County, officially the County of Fairfax, is a county in the Commonwealth of Virginia. It is part of Northern Virginia and borders both the city of Alexandria and Arlington County and forms part of the suburban ring of Washington, D.C. ...
, comprises the majority of this land. Marshall represented the tenants of Lord Fairfax, and won his case. From this time, as an examination of Call's Virginia Reports, which cover the period, shows, he maintained the leadership of the bar of Virginia. The case is available i
Virginia Reports--Jefferson-33 Gratten--1730-1880--Call's Reports Volumes 1-6, page 646
Marshall'
argument at the bar is available here
beginning in the third paragraph with "Marshall, for such of the tenants...."


References

Virginia state case law 1786 in case law Legal history of Virginia 1786 in Virginia Northern Neck United States property case law Law articles needing an infobox {{US-case-law-stub