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James Elliott The Younger, Benjamin Elliott, Anderson Taylor, Reuben Pater, Patsey Elliott, And Wilford Lepell, Vs. The Lessee Of William Peirsol, Lydia Peirsol, Ann North, Jane North, Sophia North, Elizabeth F. P. North, And William North, De

1828 • 26 U.S. 328 • Marshall Court
This Supreme Court case involved James Elliott the Younger, Benjamin Elliott, Anderson Taylor, Reuben Pater, Patsey Elliott and Wilford Lepell as plaintiffs against the lessee of William Peirsol Lydia Peirsol and Ann North Jane North Sophia North Elizabeth F.P.North and William North DE as defendants. The dispute was over a tract of land in Virginia that had been granted to Thomas Smith by patent in 1763 but which he sold to John Lewis who then sold it to Robert Carter who devised it upon his...Open Case
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Oh No!
Chief Marshall Court
Term: 1828
26 U.S. 328
7 L. Ed. 164
1828 U.S. LEXIS 412
Argued: Feb 05, 1828

James Elliott The Younger, Benjamin Elliott, Anderson Taylor, Reuben Pater, Patsey Elliott, And Wilford Lepell, Vs. The Lessee Of William Peirsol, Lydia Peirsol, Ann North, Jane North, Sophia North, Elizabeth F. P. North, And William North, De

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Opinion Summary
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This Supreme Court case involved James Elliott the Younger, Benjamin Elliott, Anderson Taylor, Reuben Pater, Patsey Elliott and Wilford Lepell as plaintiffs against the lessee of William Peirsol Lydia Peirsol and Ann North Jane North Sophia North Elizabeth F.P.North and William North DE as defendants. The dispute was over a tract of land in Virginia that had been granted to Thomas Smith by patent in 1763 but which he sold to John Lewis who then sold it to Robert Carter who devised it upon his death in 1804 with certain conditions attached including one that required him to pay an annuity for life out of its profits or proceeds from sale or lease. In 1806 Carter leased this property for 21 years at an annual rent of $1000 per year payable quarterly; however no payment was made after December 1807 until June 1808 when only part was paid leaving a balance due on March 1st1828 when the suit began. The court found that although there were some irregularities regarding payments they did not invalidate the lease agreement so judgment went against plaintiffs with costs awarded them

Dissent Summary
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The dissenting opinion in the case of James Elliott The Younger, Benjamin Elliott, Anderson Taylor, Reuben Pater, Patsey Elliott and Wilford Lepell vs. the Lessee of William Peirsol et al., was that a deed from an individual to himself as trustee for his own benefit should be considered valid. The majority had held that such a deed was void because it violated public policy by allowing individuals to use trusts to evade creditors or other obligations. However, the dissent argued that there were no legal grounds for invalidating such deeds and noted that they had been accepted as valid in many states prior to this decision. Furthermore, they argued that if these types of deeds were declared void then it would create confusion regarding existing contracts between parties which could lead to further litigation and economic hardship on those involved with them.

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