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Constitutional Law Keyed to Choper
Fletcher v. Peck
Citation:
10 U.S. 87 (1810)Facts
In 1795, the Georgia legislature passed an act selling 35 million acres of western territory (the Yazoo lands) to four private land companies for $500,000. The following year, amid public outrage over revelations that the grant had been secured through bribes to legislators, a newly elected legislature passed an act rescinding the sale and declaring it null and void. Meanwhile, the original purchasers had already sold portions of the land to third parties. Robert Fletcher purchased 15,000 acres from John Peck in 1803, and Peck’s deed included covenants that the Georgia legislature had the authority to sell the land in 1795 and that the title had not been constitutionally or legally impaired by any subsequent legislative act. Fletcher sued Peck for breach of these covenants, arguing that the original grant was invalid due to corruption and that the 1796 rescinding act had legally impaired Peck’s title.
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