Jackson ex dem. Simmons v. Simmons
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Patrick Fitz Simmons brought an action of ejectment in the supreme court for the recovery of a moiety of 200 acres of land, whereof his uncle, Felix Fitz Simmons, died seised in 1828, and whereof the defendant, Thomas Fitz Simmons, a brother of the deceased, and uncle of the lessor of the plaintiff, was in possession. Felix was a naturalized citizen, died intestate, and left no issue.
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Error from the supreme court. Patrick Fitz Simmons brought an action of ejectment in the supreme court for the recovery of a moiety of 200 acres of land, whereof his uncle, Felix Fitz Simmons, died seised in 1828, and whereof the defendant, Thomas Fitz Simmons, a brother of the deceased, and uncle of the lessor of the plaintiff, was in possession. Felix was a naturalized citizen, died intestate, and left no issue. In his life time he had five brothers and two sisters,—all aliens; one 0f big brothers, Thomas, the defendant in this cause, havhig come to this country, was naturalized in 1810;…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor. The premises in controversy in this case formerly belonged to Felix Fitz Simmons, a naturalized citizen, who diéd in 1828 intestate and without issue. At the time of his death, he left several brothers and sisters, all of *11whom were aliens, except the defendant in this suit, who claims the real estate of the decedent as the sole heir at law who was capable of inheriting it by descent. The decedent, at the time of his death, also left several nephews and nieces, the children of a deceased brother, none of whom were naturalized except…
2Cases cited1 opinion
- Lessee of Levy v. McCarteeSupreme Court of the United States · 1832
3Cited by7 opinions
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Lynch v. ClarkeNew York Court of Chancery · 1844
- Beavan v. WentIllinois Supreme Court · 1895
- McGregor v. . ComstockNew York Court of Appeals · 1850
- Banks v. WalkerNew York Court of Chancery · 1848
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