Stamm v. . Bostwick
New York Court of Appeals
Appeal from judgment of the General Term of the, Supreme Court in the first judicial department, entered upon an order made March 26, 1886, which affirmed a judgment in favor of plaintiff entered upón the decision of the court at Circuit without a jury. This action was brought under section 1663 of the Code of Civil Procedure, to determine the title to real estate in the city of Mew York.
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Appeal from judgment of the General Term of the, Supreme Court in the first judicial department, entered upon an order made March 26, 1886, which affirmed a judgment in favor of plaintiff entered upón the decision of the court at Circuit without a jury. This action was brought under section 1663 of the Code of Civil Procedure, to determine the title to real estate in the city of Mew York. Eliza Anderson, a native born citizen of the' United States, died in the year 1867 seized and possessed of the property in question, leaving a last will and testament, by which she devised the said premises…
1Opinion of the CourtBrown, J.
The single question involved in this appeal is whether a resident alien who, according to the statutes of this ■state, would answer the description of heir of a deceased citizen can inherit and hold real estate owned and held by such deceased citizen at the time of his death.
By chapter 38, Laws of 1875, it is provided as follows: “If ■any alien resident of this state, or any naturalized or native ■citizen of the Hnited States, who has purchased and taken, or who hereafter shall purchase and take a conveyance of real (estate within this state has died, or shall hereafter die, leaving persons…
2Cases cited3 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
- Hoyt v. AlstyneNew York Supreme Court · 1853
3Cited by10 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Speaker v. SpeakerNew York Supreme Court · 1933
- Callahan v. O'BrienNew York Supreme Court · 1893
- Clark v. StrongAppellate Division of the Supreme Court of the State of New York · 1905
- Stewart v. RussellAppellate Division of the Supreme Court of the State of New York · 1904
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