Facts of the Case
This was a writ of right, brought in the Circuit Court of Kentucky by the demandants, Green and others, who were the heirs of John Green, deceased, against the tenant, Richard Biddle, to recover certain lands in the State of Kentucky in his possession. The cause was brought before this Court upon a division of opinion of the judges of the court below, on the following questions: 1. Whether the acts of the Legislature of the State of Kentucky, of 27 February, 1797, and of 31 January, 1812, concerning occupying claimants of land are constitutional or not, the demandants and the tenant both claiming title to the land in controversy under patents from the State of Virginia prior to the erection of the district of Kentucky into a state.
Conclusions
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The Act of the State of Kentucky of 27 February, 1797, concerning occupying claimants of land, whilst it was in force, was repugnant to the Constitution of the United States, but it was repealed by a subsequent Act of 31 January, 1812, to amend the said act, and the last mentioned act is also repugnant to the Constitution of the United States, as being in violation of the compact between the States of Virginia and Kentucky contained in the Act of the Legislature of Virginia of 18 December, 1789, and incorporated into the Constitution of Kentucky.
Introducing “Article V 2.0”: The Compact for a Balanced Budget
Engage Volume 15, Issue 2
This article discusses the use of interstate compacts to advance Article V amendments to the U.S....
