M`CREERY v. SOMERVILLE


22 U.S. 354 (1824)

9 Wheat. 354

M`CREERY'S lessee v. SOMERVILLE.

Supreme Court of United States.

February 3, 1824.


Attorney(s) appearing for the Case

The cause was argued by Mr. Winder,a for the plaintiff in error, and by Mr. D.B. Ogden, for the defendant, and continued to the present term for advisement.


Mr. Justice STORY delivered the opinion of the Court.

The title of the lessor of the plaintiff to recover in this case, depends upon the question, whether she can claim as one of the coheirs of her deceased uncle, her father being an alien, and alive at the commencement of the present suit. It is perfectly clear that, at common law, her title is invalid, for no person can claim lands by descent through an alien, since he has no inheritable blood. But the statute of...

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