Southall v. M'Keand
Southall v. M'Keand, Wythe 95 (1791),[1] was a case involving a dispute over a parcel of land in Richmond that was a prize in a lottery William Byrd III held to help pay his debts.
Background
In order to help pay off some debts he had accumulated, William Byrd III held a lottery in 1767.[2] Prizes in this lottery were parcels of land taken from Byrd's holdings in Richmond. Byrd divided his holdings into unimproved lots, which would be awarded in half-acre portions; and improved lots, which were occupied tenements. The occupied lots' tenants had improved their lots to various degrees, and some tenants occupied more than half an acre of land. M'Keand was one of the tenants.
After the lottery tickets were sold but before the drawing, Byrd started surveying and laying out the lots, intending to reduce the size of the improved lots to half an acre each. Byrd's tenants objected to that plan, so most of the improved lots were awarded according to whatever amount of property their tenant had occupied. M'Keand's property, though, was reduced to half an acre.
The Court's Decision
Wythe's Dissent
References
- ↑ George Wythe, Decisions of Cases in Virginia by the High Court of Chancery, (Richmond: Printed by Thomas Nicolson, 1795), 95.
- ↑ "William Byrd III", The Colonial Williamsburg Official History & Citizenship Site, http://www.history.org/almanack/people/bios/biowbyrd.cfm