Dawson's Lessee v. Godfrey
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Washington. Russell Lee, a citizen of the United States, in the year 1793, died seised m fee of a tract of land called Argyle, Cowall and Lorn, situated in that part of the district of Columbia which was ceded to the United States by the state of Maryland. Mrs. Dawson, the lessor of the plaintiff, would be entitled to the land by descent, unless prevented by the application of the principle of alienage.
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Error to the Circuit Court of the district of Columbia, sitting at Washington. Russell Lee, a citizen of the United States, in the year 1793, died seised m fee of a tract of land called Argyle, Cowall and Lorn, situated in that part of the district of Columbia which was ceded to the United States by the state of Maryland. Mrs. Dawson, the lessor of the plaintiff, would be entitled to the land by descent, unless prevented by the application of the principle of alienage. She was born in England, before the year 1775, always remained a British subject, and was never in the United States. The…
1Opinion of the Court
Johnson, J., (a)
delivered the opinion of the court, as follows : — This case rests upon the single question, whether a subject of Great Britain, born before the declaration of independence, can now inherit lands in this country ? The general doctrine is admitted, that in the state of Maryland, in which the land lies, an alien cannot take by descent; but it is contended, upon the doctrine laid down in Calvin's Case, that the rights of the antenati of Great Britain formed an exception from the general rule. The point decided in the case of Calvin was, that a Scotsman, born after the union,…
2Cited by31 opinions
- Wunderle v. WunderleIllinois Supreme Court · 1893
- People v. ConklinCalifornia Supreme Court · 1974
- In Re the Probate of the Alleged Will of HolibaughSupreme Court of New Jersey · 1955
- Stone v. ElliottIndiana Supreme Court · 1914
- Jackson Ex Dem. People v. ClarkeSupreme Court of the United States · 1818
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