Legal Opinion

McIlvaine v. Lessee

Supreme Court of the United States

Decided February 15, 1805Published

Error from the Circuit Court for the district of New Jersey, to reverse a judgment given for the plaintiff: below, upon a special verdict in ejectment. The material facts of the case are stated in the argument of W. Tilghman.

1Opinion of the CourtPaterson, J.

— Suppose he expatriated himself, since the peace, what is the consequence ? Does he thereby become a complete alien, so as not to be capable of taking lands by descent afterwards ?

W. Tilghman. — So I contend.

Rawle, contra. — The title of John Redman Coxe is good, unless Daniel ■Coxe, his father, was disabled to take by descent from his aunt Rebecca Coxe. But he was capable of taking, unless, 1. He was an alien; or, 2. Attainted of treason. The latter is not found by the jury. He was, therefore, not attainted, nor incapable by reason of any crime.

That he was not an alien, I shall endeavor to…

2Cases cited5 opinions

  1. Talbot v. JansonSupreme Court of the United States · 1795
  2. Respublica v. Samuel ChapmanSupreme Court of the United States · 1781
  3. Camp v. LockwoodSupreme Court of the United States · 1788
  4. Hamiltons v. EatonU.S. Circuit Court for the District of North Carolina · 1792
  5. Dewees v. MorganSupreme Court of Louisiana · 1809

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