Lbs Homework 2 (9/22)
Terrett v. Taylor, 13 U.S. 43 (1815)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
Taylor and other members of the Episcopal church of Alexandria in the parish of Fairfax are seeking the right to sell the lands and apply the proceeds to use by the church.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The legal question at hand is whether the church owns the land and thus has the right to sell it or if the land was properly claimed by the advocates for the poor including Terrett. To drill down further, the question is whether the church should be granted the provision of enjoinment against the people claiming the land.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
The court held that since the land was codified and verified to be that of the church by the legislature, it is a bridge too far to say that the rights to claim the land claimed by Terrett is valid. It would make ownership and exchange of property impossible to enforce and regulate and thus there should be an...
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