Banks v. Walker
New York Court of Chancery
This was an appeal, by J. Walker, one of the defendants, from a decree- of the late vice chancellor of the first circuit.
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This was an appeal, by J. Walker, one of the defendants, from a decree- of the late vice chancellor of the first circuit. The bill was filed by the executors of Eliza McCarthy deceased, who was the widow of the late Denis McCarthy of the city of New-York, to foreclose a mortgage given to her, for a part of the purchase money of a house and lot on the east side of Broadway, upon which a part of the Carlton House is now built; which mortgage was given by the appellant under the following circumstances: Denis McCarthy was born in Ireland, of parents who were domiciled there, and who with their…
1Opinion of the Court
The Chancellor.
The first and most important question in this case, admitting that the plaintiff in the ejectment suit was duly naturalized in 1834, and that he sustained the.relationship which he supposes he did to Denis McCarthy deceased,' is whether he could take real property by descent from the decedent, under the provisions of the revised statutes; the parents of Denis McCarthy deceased never having been citizens of the1 United States.
*445It is a well known principle of the common law that an alien can neither himself inherit lands from a person who is not. an alien, nor can he transmit…
2Cases cited1 opinion
- Jackson ex dem. Simmons v. SimmonsCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by6 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- St. Lawrence Co. v. HoltWest Virginia Supreme Court · 1902
- People ex rel. Smith v. PeaseNew York Supreme Court · 1860
- Clark v. HornthalMississippi Supreme Court · 1872
- People ex rel. Christern v. WalshNew York Supreme Court · 1880
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