Heney v. Trustees of Brooklyn Benevolent Society
New York Court of Appeals
Appeal from judgment for the Defendants, dismissing the Plaintiffs’ complaint, entered at the General Term of the Supreme Court, in the Second District; exceptions having been taken at the trial and ordered to be heard in General Term, and judgment in the meantime suspended.
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Appeal from judgment for the Defendants, dismissing the Plaintiffs’ complaint, entered at the General Term of the Supreme Court, in the Second District; exceptions having been taken at the trial and ordered to be heard in General Term, and judgment in the meantime suspended. The action is brought for the recovery of the possession of real estate in Kings county, of which it was admitted on trial Cornelius Heney died seized, on the 2d day of May# 1848, and of which the Defendants are in possession. The complaint alleged that at the death of Cornelius Heney, the Plaintiffs and Christopher Heney…
1Opinion of the CourtWoodruff, J.
At the time of the death of Cornelius Heney, who died seized of the premises in question, the Plaintiffs were aliens. It is not claimed that as such they could inherit and hold lands in this State.
The claim of the Appellants is, that having become naturalized citizens of the United States after the decease of the said Cornelius, they became entitled to take and hold the real estate whereof he died seized.
This is claimed upon two grounds, viz.:
First, That upon general principles naturalization has a retroactive operation, which, vested or confirmed in them the estate which, but for their…
2Cases cited3 opinions
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
- Priest v. CummingsNew York Supreme Court · 1838
- Kennedy v. Wood & SmithNew York Supreme Court · 1838
3Cited by6 opinions
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
- Luhrs v. . EimerNew York Court of Appeals · 1880
- Quinn v. LaddOregon Supreme Court · 1899
- George v. PeopleNew York Supreme Court · 1943
- Hall v. HallNew York Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.