Legal Opinion

Ludlam v. Ludlam

New York Court of Appeals

Decided March 15, 1863Published

Appeal from the Suprepie Court. The original plaintiff, Anna R. Ludlam, and the defendant Maximo M. Ludlam, were the only children of Richard L. Ludlam, who died at New York in April, 1838, when the said Anna R. was less than one, and her brother Maximo less than seven years of age.

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Appeal from the Suprepie Court. The original plaintiff, Anna R. Ludlam, and the defendant Maximo M. Ludlam, were the only children of Richard L. Ludlam, who died at New York in April, 1838, when the said Anna R. was less than one, and her brother Maximo less than seven years of age. The other defendants were the testamentary guardians of the said Anna R. and Maximo M., during their minority. ' As such, they had received the price of certain lands in the city of New York belonging to said infants, as heirs of an uncle, and which were sold by order of the Supreme- Court. Soon after her arrival…

1Opinion of the CourtSelden, J.

Our statute concerning tenures provides that “ every citizen of the United States is capable of holding lands within this State, and of taking the same by descent, devise or purchase.” (1 R. S., 719, § 8.) Aliens can neither take nor hold such lands except under certain conditions not claimed to exist here. (Id., §§ 15, 16, 17.)

The question, who are citizens of the United” States, must depend upon the laws of the United States. In 1790, Congress passed an act declaring that “ the children of citizens of tlje United States that may be born beyond the sea, or out of the limits of the United…

2Cases cited2 opinions

  1. Alsberry v. HawkinsCourt of Appeals of Kentucky · 1839
  2. Peck v. YoungNew York Supreme Court · 1841

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