Patience Montgomery v. Dorion
Superior Court of New Hampshire
This was a petition for partition of land in Haverhill, the petitioner alleging that she was seized of three undivided fourth parts.
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This was a petition for partition of land in Haverhill, the petitioner alleging that she was seized of three undivided fourth parts. Issue was joined upon the seizin of the petitioner, and the cause tried at the September sittings in this county, 1834. It appeared that John Montgomery, being seized of the premises, on the 29th June, 1811, conveyed the same to Nicholas Dorion, in fee and in mortgage; and afterwards. on the 16th October, 1822, released to the said Nicholas all his right to redeem ; and the said Nicholas then took possession, which he retained until his death in 1826. Nicholas…
1Opinion of the CourtRichardson, C. J.
It is contended in this case on behalf of the respondent that the heirs of Nicholas Dorion, being aliens, took nothing in the land at the time of his decease — that nothing vested in the State for want of office found, and so nothing could be granted by the State — that congress has the exclusive power to give to aliens the rights of citizens, and therefore the legislature of a State has no power to give to aliens the capacity to hold lands — and that when John B. Dorion was naturalized, the whole estate vested in him.
It is very certain that an alien cannot take real estate by descent. 6…
2Cases cited7 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- Dawson's Lessee v. GodfreySupreme Court of the United States · 1808
- Hall v. PhelpsNew York Supreme Court · 1807
- Montgomery v. DorionSuperior Court of New Hampshire · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Pavlick v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1954
- Hale v. WoodsSuperior Court of New Hampshire · 1839