Legal Opinion

Sutliff v. Forgey

New York Supreme Court

Decided May 15, 1823PublishedCited by 9 opinions

Washington County, ss. Sarah Sutliff, widow, who was the wife of Richard Sutliff, deceased, by John Crary <£• John Me Lean, Junior, hér attorni'es, demands against Phillip Forgey, the third part of ten messúages, ten barns, ten stables, four gardens, four orchards, one water corn mill, two thousand acres of land, two hundred acres of meadow, two hundred acres of pasture, two hundred acres of wood land, an^ two hundred acres of land covered with water, with the appurtenances,…

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Washington County, ss. Sarah Sutliff, widow, who was the wife of Richard Sutliff, deceased, by John Crary <£• John Me Lean, Junior, hér attorni'es, demands against Phillip Forgey, the third part of ten messúages, ten barns, ten stables, four gardens, four orchards, one water corn mill, two thousand acres of land, two hundred acres of meadow, two hundred acres of pasture, two hundred acres of wood land, an^ two hundred acres of land covered with water, with the appurtenances, in the town of Salem, in the county of Washington, as the dower of the said Sarah Sutliff, of the endowment of the said…

1Opinion of the CourtWoodworth, J.

It is well settled, that, if a woman alion marry a subject, she shall not be endowed; because, by the policy of the common law, all aliens are disabled from acquiring a freehold. (1 Bacon, tit. Aliens, 136. 2 Black. 131. 7 Coke, 25. Co. Lit. 31.) Naturalization merely

removes the disability of the alien to hold: it leaves, unimpaired, the right of the government to enter, if the person naturalized die without heirs, or leaving alien heirs only.

It is laid down, in 1 Bacon, 130, tit. Aliens, b. and 2 Black. 250, that, if a man be naturalized by act of parliament, he, in all things, inherits,…

2Cases cited4 opinions

  1. Stevens v. StevensNew York Supreme Court · 1819
  2. State v. RackleyIndiana Supreme Court · 1829
  3. Seymour v. MinturnNew York Supreme Court · 1819
  4. King v. AnthonyIndiana Supreme Court · 1828

3Cited by9 opinions

  1. Wright v. . SaddlerNew York Court of Appeals · 1859
  2. Torrey v. . TorreyNew York Court of Appeals · 1856
  3. Brownson v. HullSupreme Court of Vermont · 1844
  4. Kursheedt v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
  5. Burton v. BurtonNew York Court of Appeals · 1864

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