Larreau v. Davignon
Superior Court of Buffalo
Appeal from a judgment. This was an action of ejectment brought by Joseph Larreau against Clemence Davignon and. others, and was tried before Justice Clinton and a jury. Both parties claim under one Andrew N. Larreau. Andrew 1ST. Larreau was an alien by birth.
Read the full summary
Appeal from a judgment. This was an action of ejectment brought by Joseph Larreau against Clemence Davignon and. others, and was tried before Justice Clinton and a jury. Both parties claim under one Andrew N. Larreau. Andrew 1ST. Larreau was an alien by birth. He resided in the city of Buffalo for many years prior to 1845, and continued to up to the time of his death, which occurred in May, 1865. The ' lands in question were conveyed to him in 1845. In 1847, he declared his intention to become a citizen of the United States, and in 1852 he was naturalized a citizen. His sister, the defendant,…
1Opinion of the Court
By the Court.*—Masten, J.
—From the case, it *369would seem that the land in question may be recovered by the State as an escheat. At the time it was conveyed to Andrew N. Larreau he was an alien. By subsequently becoming a naturalized citizen of the United States he probably did not defeat the right of the State.
It does not appear that he ever made and filed in the office of the secretary of this State, the deposition required by the statute. But being a citizen at the time of his death, that question does not affect the plaintiff's right to maintain this action.
An alien may take land by grant,…
2Cases cited4 opinions
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Jackson, ex rel. Smith v. AdamsNew York Supreme Court · 1831
- Mick v. MickNew York Supreme Court · 1833
- Currin v. FinnNew York Supreme Court · 1846