Gelston v. Hoyt, [CONSTITUTIONAL AND COMMON LAW.] 246 The Union Ins. Co. (Hughes v.) [COMMON LAW,] W Williams, (Burton v.) [LOCAL Law.] 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 NewYork, 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. haying 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 twenty-second of 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 he entitled to within the state, by nurchase 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 of his majesty, VOL. III. 2 1818. Jackson V. Clarke. shall continue to hold them according to the nature and tenure of their respective estates and tities 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 hoid 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 remov. ed 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 above mentioned 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, |