The Union Ins. Co. (Hughes v.) [COMMON LAW.] W Williams, (Burton v.) [LOCAL LAW.] 600 159 168 172 183 232 336 610 529 REPORTS OF THE DECISIONS OF THE SUPREME COURT OF THE UNITED STATES. FEBRUARY TERM, 1818. (COMMON LAW.) JACKSON, ex dem. THE PEOPLE OF THE STATE OF NEW-YORK, V. CLARKE. G. C., born in the colony of New-York, went to England in 1738, where he resided until his decease; and being seized of lands in New-York, he, on the 30th of November, 1776, in England, devised the same to the defendant and E. C., as tenants in common, and died so seized on the 10th December, 1776. The defendant and E. C. having entered, and becoming possessed, E. C., on the 3d December, 1791, bargained and sold to the defendant all his interest. The defendant and E. C. were both born in England long before the revolution. On the 22d March, 1791, the legislature of New-York passed an act to enable the defendant to purchase lands, and to hold all other lands which he might then be entitled to within the state, by purchase or descent, in fee simple, and to sell and dispose of the same in the same manner as any natural born citizen might do. The treaty between the United States and Great Britain of 1794, contains the following provision: "Article 9th. It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions VOL. III. 2 1818. Jackson V. Clarke. of his majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives, and that neither they nor their heirs or assigns shall, so far as respects the said lands and the legal remedies incident thereto, be considered as aliens." The defendant, at the time of the action brought, still continued to be a British subject. Held, that he was entitled to hold the lands so devised to him by G. C. and transferred to him by E. C. ERROR to the circuit court for the district of NewYork. This was an action of ejectment commenced in the supreme court of the state of New-York, and removed thence into the circuit court of the United States, for the New-York district, where, in September, 1815, a trial was had, and a special verdict found, in the words following, to wit: At which day in this same court, at the city of New-York, in the New-York district, came the parties aforesaid, by their attorneys aforesaid, and the jurors aforesaid being called also come, who to say the truth of the above contents, being elected, tried and sworn, say, upon their oath, that long before the abovementioned time when the trespass and ejectment above mentioned are supposed to have been committed, namely, on the tenth day of April, 1706, Anne, Queen of England, by letters patent under the great seal of the then colony of New-York, did grant unto Sampson Broughton, and divers other persons in the said letters patent named, and their heirs, a certain tract of land, situate in the then colony, now state of New-York, to have and to hold the same to them, their heirs and assigns, forever, as tenants in common, and not as joint tenants. And that the lands and tenements, with their appurtenances specified in the foregoing declaration of the said James Jackson, were part and parcel of the said tract of land granted, as aforesaid, by the said letters patent. And the jurors aforesaid, upon their oath aforesaid, further say, that the said Sampson Broughton and the said other persons to whom the said tract of land was granted as aforesaid by the said letters patent, being so seized in fee simple, and possessed of the said tract of land by virtue of the said letters patent, did afterwards, to wit, on the twelfth day of April, in the year last aforesaid, by good and sufficient conveyance and assurance in the law, for a valuable consideration, grant, bargain, sell, and convey unto George Clarke, now deceased, (who was formerly lieutenant governor of the said colony, and who was then a subject of England, and who remained so until the time of his death) and to his heirs, one equal undivided ninth part of the said tract of land granted as aforesaid, in and by the said letters patent, to have and to hold to him, his heirs and assigns, forever. And the jurors aforesaid, upon their oath aforesaid, further say, that partition of the said tract of land mentioned in the said letters patent was afterwards, to wit, in the year last aforesaid, made in due form of law, between the last aforesaid George Clarke and the other proprietors of the said tract of land mentioned and granted in and by the said letters patent. And that by virtue of the said partition, the last aforesaid George Clarke became, and was sole seized in fee simple, and possessed of the lands and tenements, with the appurtenances specified in the said declaration of the said James Jackson, 1818. Jackson V. Clarke. |