Wythe to Robert Carter, 2 July 1774

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George Wythe writes to Robert Carter, regarding the leases and contracts of the tenants who reside on Carter's land. In his previous letter to George Wythe, Carter expressed concern that many of his tenants still owed him yearly rent according to their contracts. In this letter, Wythe advises Carter that ejectment of tenants from his property would be the best solution to dispossess them for failure to pay rent.

Wythe then informs Carter of a letter from Mr. Fauquier[1] which reminds him of an agreement the executors made to pay for various missing "articles" from Governor Fauquier's estate. Wythe closes the letter with hopes that he and Carter can resolve the situation at their next meeting.[2]

Letter text

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G. Wythe to the hon. mr Carter.

Where written leases were actually executed, the landlord may either distrain, or bring actions of debt, for the rent.

I think he may pursue the same remedy against the tenants who had not written leases, if they agreed to pay a certain rent until such leases should be made.

An ejectment is a proper, and the most easy remedy to dispossess a tenant for breach of the condition, by non-payment of rent.

After judgment the mesne profits may be recovered in ^an action of trespass: indeed they may be recovered in the ejectment itself, but this is rarely done.

If there be any point wherein I can give you further satisfaction, I beg you kind sir, to let me know it.

I send you a copy of the account of our administration of governour Fauquier's estate since the last settlement, by which it appears, if your bill for 334..11..0 sterling be extended at 25 per cent for difference of exchange, that there is a small sum of money due to you, unless we agree to pay for the articles mentioned in the paper inclosed in Mr. Fauquier's

letter

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letter to me. A copy of that paper accompanies this. We concluded, if I remember rightly, when we conversed upon this subject, to pay, for the things mentioned in the inventory and not accounted for; although I am convinced they were made away with by some of the governour's servants in whom we were obliged in some measure to trust. I believe you proposed becoming responsible for them yourself alone, which I cannot consent to, since, if ^we were blameable, I was not less so than you. The next time we meet, I shall hope to finish this affair. Till then adieu. Williamsburg, 2 July, 1774.

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To
The hon. Robert Carter, esq
Nomoni Hall.


See also

References

  1. Governor Fauquier's son and heir.
  2. George Wythe to Robert Carter, July 2, 1774, in "Signers of the Declaration of Independence: Collection of Autograph Letters and Documents, 1750-1830," Literary and Historical Manuscripts, Morgan Library & Museum.