Lessee of Spratt v. Spratt - 26 U.S. 343 (1828)


U.S. Supreme Court

Lessee of Spratt v. Spratt, 26 U.S. 1 Pet. 343 343 (1828)

Lessee of Spratt v. Spratt

26 U.S. (1 Pet.) 343

Syllabus

The Act of the Legislature of Maryland passed 19 December, 1791, entitled "An act concerning the Territory of Columbia and the City of Washington," which, by the 6th section provides for the holding of lands by "foreigners," is an enabling act, and applies to those only who could not take lands without the provisions of that law. It enables a "foreigner" to take in the same manner as if he were a citizen.

A foreigner who becomes a citizen is no longer a foreigner within the view of the act. Thus, after-purchased lands vest in him as a citizen not by virtue of the act of the Legislature of Maryland, but because of his acquiring the rights of citizenship.

Land in the County of Washington and District of Columbia purchased by a foreigner before naturalization was held by him under the law of Maryland, and might be transmitted to the relations of the purchasers who were foreigners, and the capacity so to transmit those lands is given absolutely by this act, and is not affected by his becoming a citizen, but passes to his heirs and relations precisely as if he had remained a foreigner.

This was an action of ejectment brought by the plaintiff in error to recover several messuages which he claimed by virtue of several demises made to him by Thomas Spratt and others, the messuages all lying and being in the County of Washington in the District of Columbia, against Sarah Spratt, the defendant in error, who was the widow of James Spratt and who was in possession of the premises.

The following facts were agreed in the court below:

James Spratt, before the time of the demise laid in the plaintiff's declaration, died seized in fee simple of the premises mentioned in the said declaration; that the lessors of the plaintiff are the legitimate brothers and sisters of the whole blood of the said James Spratt, and that the defendant was the lawful wife of said James Spratt at the time of his death, and, as his widow, is still living. * Also that the lessors of the plaintiff made a peaceable entry into the said premises and executed to the plaintiff the lease mentioned in the said

Page 26 U. S. 344

declaration upon the premises, and that the plaintiff, being in possession of said premises by virtue of that lease, was therefore ousted by the defendant. That the said James Spratt, and the defendant his wife were natives of Ireland, of the United Kingdom of Great Britain and Ireland, and came to the United States of America in the year 1812, and before 18 June in that year and continued to reside therein and to cohabit as man and wife to the time of his death, which took place on 4 March, 1824. That the said James Spratt, on 11 October, 1821, was duly admitted and naturalized as a citizen of the United States in the Circuit Court of the District of Columbia and received a certificate of such naturalization in due form according to the directions and conditions of the several acts of Congress in such case provided, the said defendant then and there being his lawful wife, and as such cohabiting with him as aforesaid. That the defendant Sarah Spratt did not in her own person comply with any of the directions or conditions required by the said acts of Congress, or any of them, or become in any manner admitted or naturalized as a citizen of the United States otherwise than by the admission and naturalization of her said husband. That the lessors of the plaintiff are all natives of Ireland, and native born subjects of the King of the United Kingdom of Great Britain and Ireland; that only two of them, to-wit, Thomas Spratt and Pierce Spratt, ever came to the United States, both of whom came to the United States and resided therein some years before the death of James Spratt, and that none of them was admitted or naturalized citizens of the United States. That James Spratt was not in any manner seized of or entitled to any of the messuages or tenements in the declaration mentioned at any time before his said naturalization, except of the lot No. ___ in Square, _____ which was duly bargained, sold, and conveyed by one Isaac S. Middleton to the said James Spratt in fee simple on 11 January, 1821, and that all the rest and residue of the said messuages and tenements were purchased by the said James Spratt and to him duly bargained, sold and conveyed, in fee simple at various times in the year 1822 and 1823 after his said naturalization.

Upon this statement of facts, the question of law which arose was as to the true construction of a statute of the State of Maryland entitled "An Act concerning the Territory of Columbia and the City of Washington," passed 19 December, 1791, by the 6th section of which it is provided as follows, to-wit:

"That any foreigner may, by deed or will to be hereafter made, take and hold lands within that part of the

Page 26 U. S. 345

said territory which lies within this state in the same manner as if he was a citizen of this state, and the same lands may be conveyed by him and transmitted to and be inherited by his heirs or relations as if he and they were citizens of this state, provided that no foreigner shall, in virtue hereof, be entitled to any further or other privilege of a citizen."

It was contended on the part of the plaintiff that according to the true construction of that statute, his lessors, who were the heirs and relations of the deceased, James Spratt, inherited all the lands and tenements of which he died seized in fee, and that the circumstance of James Spratt, who was a foreigner, having been naturalized before his death, could not alter the state of their right of inheritance, whether the lands were acquired before or after his act of naturalization.

Page 26 U. S. 348



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