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Lot #379
Supreme Court: John Marshall

Marshall wins a 1786 landmark land dispute appeal associated with George Washington

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Description

Marshall wins a 1786 landmark land dispute appeal associated with George Washington

Influential American statesman and jurist (1755–1835) who served as the fourth Chief Justice of the Supreme Court. Among the notable cases over which Marshall presided were the judicial review landmark Marbury v. Madison (1803) and the 1807 trial of Aaron Burr for treason. ADS, signed “J. Marshall,” one page, 7.25 x 5.5, May 22, 1790. Financial document reads, in full: “Recd from Mr. Isaac Hite fifty shillings the moity of a fee due to me from the commissioners appointed to ascertain the rents & profits of the lands recovered by the Hites & others from the representatives of the late Lord Fairfax & others which moity it was agreed Mr. Hite should pay to me & deduct it from the sum to be paid to the said commissioners by him.” A few small separations and repairs to intersecting folds, repair to a small area of paper loss and two missing words near left edge, chips to edges, scattered light toning and soiling, and a few brushes to text and end of signature, otherwise very good condition.

In 1730, Virginia governor Gooch granted 40,000 acres of Shenandoah valley land to John Van Meter, who, in turn, granted the acreage to Jost Hite and his partners. Lord Thomas Fairfax owned the Northern Neck of Virginia, including the Shenandoah, and in 1748, 16-year-old George Washington helped survey the property. The surveys were recorded without patents and while Lord Fairfax issued agreements, he refused to sign land grants, accusing Hite of dispersing his claim to prevent further real estate development in the Shenandoah valley which initiated the Fairfax vs. Hite lawsuit.

When Hite died in 1761, his son Isaac (1723-1795) continued the case where the General Court sided with the Hites in 1769 and 1771, triggering a Fairfax appeal. By 1780, Marshall had been admitted to the bar but Lord Fairfax died the following year before trial, triggering a debate regarding Fairfax's right of ownership to the land. Hite hired the young lawyer to represent him as Fairfax's proxy in order to validate the lord's original 1749 agreements and the Court of Appeals of Virginia upheld the decision in 1786, ending the 37-year-old case! Four years later, by the document here offered, Marshall acknowledged receipt of 50 shillings from Isaac Hite for fees due him. Marshall's landmark victory kicked off his career as a formidable Supreme Court lawyer which eventually led to his 1801 appointment as Chief Justice where he played a significant role in the development of the American legal system. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.

Auction Info

  • Auction Title:
  • Dates: #385 - Ended April 26, 2012





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