Jackson ex rel. E. Doran v. Green
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in October, 1828, before the Hon. Ogden . Edwards, one of the circuit judges. Felix Cunningham an Irishman, became a naturalized citizen of this country in 1806, and in 1821 died without issue, seised and possessed of a house and lot in the city of New-York, the premises in question, purchased by him after his naturalization.
Read the full summary
This was an action of ejectment, tried at the New-York circuit in October, 1828, before the Hon. Ogden . Edwards, one of the circuit judges. Felix Cunningham an Irishman, became a naturalized citizen of this country in 1806, and in 1821 died without issue, seised and possessed of a house and lot in the city of New-York, the premises in question, purchased by him after his naturalization. The lessors of the plaintiff are the children and heirs at law of James Doran, also an Irishman, a first cousin of Cunningham, their mothers being sisters. James Doran was naturalized in 1811, and died in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question in this case is, whether the children and heirs at law of James Doran are entitled to inherit the real estate of Felix Cunningham, or whether it escheats to the state. It is contended on the part of the plaintiff that upon the death of Cunningham, the estate passed to James Doran, who was then living.
An alien cannot hold real estate by descent, though he may by purchase until office found ; but if he dies before office found, the property will escheat. An alien by the common law has no inheritable blood through which a title can be deduced, and cannot…
2Cases cited1 opinion
- McCreery's Lessee v. SomervilleSupreme Court of the United States · 1824
3Cited by21 opinions
- Wunderle v. WunderleIllinois Supreme Court · 1893
- Bogan v. Edinburgh American Land Mortg. Co.Court of Appeals for the Eighth Circuit · 1894
- Baker v. WestcottTexas Supreme Court · 1889
- Wilcke v. WilckeSupreme Court of Iowa · 1897
- Priest v. CummingsNew York Supreme Court · 1837
16 more not listed; retrieve them via the Exa API.