Goodrich v. . Russell
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered upon the submission of a controversy, without action, to the General Term of that court in the second judicial district. Harry H: Marsden, an alien resident of this State, purchased and received a conveyance (in 1863) of certain real estate in the city of Brooklyn. The following year, ho mortgaged a portion of the property so purchased. Some months after the execution of this mortgage) he died, intestate.
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Appeal from a judgment of the Supreme Court, entered upon the submission of a controversy, without action, to the General Term of that court in the second judicial district. Harry H: Marsden, an alien resident of this State, purchased and received a conveyance (in 1863) of certain real estate in the city of Brooklyn. The following year, ho mortgaged a portion of the property so purchased. Some months after the execution of this mortgage) he died, intestate. He had never been naturalized, or filed any declaration of his intention to become a citizen of the United States, and had not filed in…
1Opinion of the CourtGrover, J.
By the common law, an alien, acquiring land, by purchase, obtains a good title thereto, as against all but the State, and defeasible by 'the latter only by legal proceedings, instituted for the purpose of vesting title to such land in the State on the ground of the alienism of such purchaser. (2 Kent’s Com., 54; Bac. Abr., Tit. Alien; Jackson v. Adams, 7 Wend., 368; Wadsworth v. Wadsworth, 12 N. Y., 376.) But, upon the death of the alien purchaser, the title of the State is at once perfect by escheat, without any proceedings whatever. (See authorities above cited.) The residence of the alien…
2Cases cited2 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Wadsworth v. . WadsworthNew York Court of Appeals · 1855
3Cited by20 opinions
- Matter of People (Melrose Ave.)New York Court of Appeals · 1922
- Wunderle v. WunderleIllinois Supreme Court · 1893
- Choate v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
- Hall v. . HallNew York Court of Appeals · 1880
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