
    GENERAL COURT,
    OCTOBER TERM, 1799.
    James M'Creery’s Lessee vs. Wilson.
    Ejectment for lot No. 106 in the city of Baltimore, In that part of' the said city called Fell’s Point. The following statement of facts was agreed upon and submitted for the court’s opinion thereon, viz. Benjamin Nelson beipg seised in fee simple of two lots oí ground in the town of Baltimore, viz. No. 46 and No. 106. died intestate, leaving two daughters Elizabeth and Susanna, his heiresses, to whom the said lots descended in coparcenary, Tuat Euzabelh, one of the said daughters, intermarried y. iih one John ?'annell. That on the 18th of August 1789, Fannell ¿nil wife, and Susanna the other daughter, executed a deed of partition of the said lots, by which lot No. 46 wag allotted to Fannell and wife, and lot No. 106 to Susanna»to hold to them, and their heirs respectively, the said respective lots, in severalty. That the said Susanna afterwards intermarried with Thomas M‘Creery, who then was a subject of the king of Great Britain. That on tlie 6th of November 1793, the said M‘ Or eery and wife, by deed of bargain and sale, duly executed, acknowledged and recorded, fora valuable consideration in-money, conveyed the said lot No. 106 to one James Beaman, and his heirs, in fee simple. That the said Beaman entered, and afterwards on the. same day, by deed of bargain and sale, conveyed the said lot to the said Thomas M-Oreery, and his heirs, in fee simple. That the said Susanna died on or about the 1st of July 1794, and that the said M‘Creery, in order to become a citizen of Maryland, and to become naturalized according to the act cf assembly in such case made and provided, on the . 80th of September, 1795, took the oath, and repeated and signed a declaration of his belief in the Christian religion, as mentioned and set forth in the preceding action between John M‘Cresnfs lessee and Joseph Mlender. That the said Thomas M'Greery entered into the said lot, under the said deed from the said Beaman, and continued possessed thereof until the time of his death, which happened on or about the 23d of February 1796, That he made his will on the »8th of January 1796, and devised the said lot to his brother James M^Creery, the lessor of the plaintiff, as set forth in the above mentioned case. That the said James M‘Crerry, the devisee in the said will, and lessor of the plaintiff, was at the time of the death of the said Thomas, and yet is, an alien, and subject of the king of Gr^at Britain.
    
      Martin, (Attorney Genera!,) for the plaintiff.
    
      Winchester, for the defendant.
   The Generar Court gave judgment, on the statement of facts, for the plaintiff, for possession and costs.  