Burke v. Adams
Supreme Court of Missouri
Appeal from, Cooper Circuit Court. — Hon. E. L. Edwards, Judge. Affirmed. While an alien may take by descent from a citizen under Revised Statutes, section 825, an alien cannot take by descent from an alien, and thus create a perpetuity in aliens who owe no allegiance here. 2 Blackstone Com., 249, 274; 2 Kent, 53; R. S., § 5564; Gfreema v. Greema, 14 Mo. 526; Farrer v. Dean, 24 Mo. 16 ; Wacker v. Wacker, 26 Mo. 426; State v. Killian, 51 Mo. 80; Sullivan v. Burnett, 105 U. S.…
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Appeal from, Cooper Circuit Court. — Hon. E. L. Edwards, Judge. Affirmed. While an alien may take by descent from a citizen under Revised Statutes, section 825, an alien cannot take by descent from an alien, and thus create a perpetuity in aliens who owe no allegiance here. 2 Blackstone Com., 249, 274; 2 Kent, 53; R. S., § 5564; Gfreema v. Greema, 14 Mo. 526; Farrer v. Dean, 24 Mo. 16 ; Wacker v. Wacker, 26 Mo. 426; State v. Killian, 51 Mo. 80; Sullivan v. Burnett, 105 U. S. 334. Whatever claim plaintiff has under the deed from Wm. H. Burke, he is estopped to set it up against appellant.…
1Opinion of the Court
Philips, C.
This is an action of ejectment to recover about 114 acres of land in Cooper county. Suit was instituted in September, 1880. The answer pleaded that the land in question belonged to one W. H. Burke, who had a brother named Thomas Burke and a son named Thomas; that his brother was an alien, never having been naturalized, nor having filed any declaration of intention to become a citizen of this country. The plaintiff is the son of Thomas Burke, who was likewise an alien. In 1869 said W. H. Burke executed a deed for. said land to Thomas Burke, but the answer alleges that the grantee…
2Cases cited8 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
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- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- McBeth v. TrabueSupreme Court of Missouri · 1879
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3Cited by35 opinions
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- Garesche v. Levering Investment Co.Supreme Court of Missouri · 1898
- Michaelson v. WolfSupreme Court of Missouri · 1953
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