Orr v. Hodgson
17 U.S. 453

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U.S. Supreme Court

Orr v. Hodgson, 17 U.S. 4 Wheat. 453 453 (1819)

Orr v. Hodgson

17 U.S. (4 Wheat.) 453


Bill for rescinding a contract for the sale of lands, on the ground of defect of title, dismissed with costs.

An alien may take an estate in lands by the act of the parties as by purchase, but he cannot take by the act of the law, as by descent.

Where a person dies leaving issue who are aliens, the latter are not deemed his heirs in law, but the estate descends to the next of kin who have an inheritable blood, in the same manner as if no such alien issue were in existence.

The 6th article of the Treaty of Peace between the United States and Great Britain of 1783 completely protected the titles of British subjects to lands in the United States which would have been liable to forfeiture by escheat for the defect of alienage. That article was not meant to be confined to confiscations jure belli.

The 9th article of the treaty between the United States and Great Britain of 1794 applies to the title of the parties whatever it is, and gives it the same legal validity as if the parties were citizens. It is not necessary that they should show an actual possession or seizin, but only that the title was in them at the time the treaty was made.

The 9th article of the treaty of 1794 did not mean to include any other persons than such as were British subjects or citizens of the United States.

The appellant filed his bill in equity in the court below, stating that on 10 January, 1816, he purchased of the defendants, William Hodgson and Portia, his wife, and John Hopkins and Cornelia, his wife, a tract of land called Archer's Hope, situate in the County of James' City in the State of Virginia for the sum of $5,000 and gave his bond to the said Hodgson and Hopkins for

Page 17 U. S. 454

the payment of the said purchase money. That at the time of the purchase, the defendants affirmed to the plaintiff that they were seized in right of the said Portia and Cornelia of a good, sure, and indefeasible estate of inheritance in fee simple in the said tract of land, and had full power and lawful authority to convey the same, and in consequence of such affirmation the plaintiff made the purchase and gave his bond, as aforesaid.

And further stating that he had since discovered that the defendants had no title to the said lands, but that the title thereto was either vested in the children of the Countess Barziza or that the Commonwealth of Virginia was entitled to them by escheat. That Colonel Philip Ludwell, a native of the said commonwealth, being seized in fee of the said lands, had two daughters, Hannah and Lucy, born of the same mother in Virginia. That, some years before the year 1767, he removed with his family, including his said two daughters, to England, where he died in the year 1767, having by his last will devised all his estates to his said two daughters and appointed as their guardians Peter Paradise, John Paradise, of the City of London, and William Dampier. That Hannah, one of the said daughters, married William Lee, a native of Virginia, and died, leaving issue, two daughters, the said defendants, Portia Hodgson and Cornelia Hopkins, who are citizens of Virginia, residing in the District of Columbia. That Lucy Ludwell, the other daughter above mentioned, during her infancy, to-wit, in May, 1769, at the City of London, married the said John Paradise, a British subject, by

Page 17 U. S. 455

whom she had issue, a daughter, named Lucy, born in England about the year 1770. That the said Lucy Paradise, daughter of the said John and Lucy Paradise, on 4 April, 1787, at the said City of London, married Count Barziza, a Venetian subject, by whom she had issue, a son, named John, born in the City of Venice on 10 August, 1796. That the said John Paradise, in the year 1787, came to Virginia with his wife and returned with her to England in 1789, where he died in 1796, having by his last will devised all his personal estate, charged with some pecuniary legacies, to his wife, but making no disposition of his real estate and leaving no issue but the Countess Barziza. That the said Countess Barziza died intestate in Venice on 1 August, 1800, leaving her said sons, John and Philip, her only issue, and that neither her sons nor herself nor her husband was ever in the United States. That the said Count Barziza was also dead. That the said Lucy Paradise, after the death of the said John Paradise, her husband, treated the said lands as her own, exercising acts of ownership over the same, and about the year 1805, returned to Virginia, where she died intestate in 1814, being in possession of said lands at her decease and leaving no issue but the two sons of Countess Barziza above mentioned, who, at the time of her death, had not become citizens or subjects of any other state or power than Venice and Austria.

That by marriage articles made before the marriage of John Paradise and Lucy Ludwell between the said John Paradise, of the first part, the said Peter Paradise, his father,

Page 17 U. S. 456

of the second part, the said Lucy Ludwell of the third part, the said William Dampier, of the fourth part, and James Lee and Robert Carry, of the fifth part, reciting the said intended marriage, and that the said Peter Paradise had agreed to pay his son

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