Wilson v. Mason

Infobox SCOTUS case |Litigants=Wilson v. Mason
ArgueDate=
ArgueYear=
DecideDate=
DecideYear=1801
FullName=George Wilson v. George Mason
USVol=5
USPage=45
NewCitation=usscr|5|45|1801|1|Cranch
Prior=on Writ of Error to the District Court of Kentucky
Subsequent=Reversed and Annulled, caveat ordered dissmissed
Holding=Under the laws set up by Virginia in 1779 to sell off unused land, a claim to land was valid when the claim was recorded in the county surveyor's office and not at the time the survey was actually performed.
SCOTUS=1801-1804
PerCuriam=yes
Majority=
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Concurrence=
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Concurrence2=
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Concurrence/Dissent=
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Dissent=
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LawsApplied=Virginia land statue of 1779

"Wilson v. Mason", ussc|5|45|1801|1|Cranch is a case of the Supreme Court of the United States. It resolved a dispute between George Wilson and George Mason over convert|8400|acre|km2 of land along the Green River in present day Kentucky.

Background of the case

In 1779 the General Assembly of the Commonwealth of Virginia enacted a statute that authorized the sale of otherwise unowned land to private buyers. The act held that anyone who deposits 40 pounds into the state treasury is entitled to convert|100|acre|km2 of land West of the Ohio River.cite web
last =
first =
authorlink =
coauthors =
title = About the Virginia Land Office Patents and Grants/Northern Neck Grant and Surveys
work = The Library of Virginia
publisher = Commonwealth of Virginia
date =
url = http://www.lva.lib.va.us/whatwehave/land/lonnabout.htm
format =
doi =
accessdate = 2008-05-23] The purchaser would receive a receipt for the amount of land to which he was entitled. He would then take the receipt to the Land Office and enter a description of the specific land he wanted to claim. Finally the county surveyor would survey the land according the description entered into the records of the Land Office and record the survey in the county records.

In April of 1780 Mason claimed convert|18700|acre|km2 in two plats along a tributary of the Green River. In October of the same year he restated and clarified his claim with the surveyor. In April of 1783 Wilson entered a claim and survey for convert|40926|acre|km2 which included Mason's convert|8400|acre|km2|sing=on plat. The survey of Mason's land was conducted in the Fall of 1783. Changes were made to the claim during the survey. Wilson filed suit to prevent the title to the land they both claimed transferring to Mason. He claimed that Mason's claim was too vague and that the survey was not conducted properly.cite court
litigants = Wilson v. Mason
vol = 5
reporter = U.S.
opinion = 45
pinpoint =
court =
date = 1801
url=http://supreme.justia.com/us/5/45/case.html]

The decision

The essential issue before the court was one of when the claim was properly made. By the time the Supreme Court heard the case, the land was no longer in Virginia, but was now part of Kentucky. Also, the statutes at issue were passed by the Virginia Legislature prior to the ratification of the United States Constitution. Nevertheless, the court felt bound to interpret the law as it was in 1780. The time-line was thus as follows:
* Mason makes claim to land
* Wilson makes claim to land
* Mason surveys land and in so doing may have changed the original claimThe court ruled that it was the claim and not the survey that was . Thus, Mason's claim should have been the valid one. However, the Court concluded that the Mason's survey was performed contrary to the claim. Therefore, Mason's title to be valid, the survey and not the claim must be dispositive.

The Court ruled for Wilson and gave him title over the land in question.

ee also

* List of United States Supreme Court cases, volume 5
* Property law

Notes and references

External links

* [http://supreme.justia.com/us/5/45/case.html Full text of the decision on Justica]