Mick v. Mick
New York Supreme Court
This was an action of ejectment, tried at the Jefferson circuit in June, 1831, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff claimed to recover an equal undivided ninth part of a farm, whereof his father died seised.
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This was an action of ejectment, tried at the Jefferson circuit in June, 1831, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff claimed to recover an equal undivided ninth part of a farm, whereof his father died seised. The defendant is the step-mother of the plaintiff; she was bom in Ireland, emigrated to this country in 1829, or thereabouts, and about 12 years since married the father of the plaintiff who was a native born citizen of this country, and shortly afterwards removed with her husband into .this state. In 1823, her husband received a conveyance of the farm…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendant having been bom in Ireland, and not having been naturalized at the death of her husband, was an alien. As such she was incapable, at the common law, of taking by descent, or other mere operation of law, though she might take by purchase, or devise, which is one species of purchase, and might Hold until office found. 2 Ves. sen. 362. 6 Crunch, 20. 2 Kent’s Comm. 54. But by the revised statutes, 2 R. S. 57, § 4, “ Every devise of any interest in real property to a person who, at the time of the death of the testator, shall be an alien, not authorized by…
2Cited by12 opinions
- Beck v. McGillisNew York Supreme Court · 1850
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Priest v. CummingsNew York Supreme Court · 1837
- Beck v. McGillisNew York Supreme Court · 1850
- Davis v. DarrowNew York Supreme Court · 1834
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