
    GENERAL COURT,
    OCTOBER TERM, 1799.
    John M'Creery's Lessee vs. Allender.
    Ejectment for lot No. 14, in the city of Baltimore, of that part of the said city called Fell’s Point.
    The following statement of facts was agreed upon and submitted to the court for their opinion thereon, viz. Thai 
      William Fell being seised in fee simple of lot No. 14 in the cily of Baltimore, tbe lot in the declaration of ejectnieJ1^ mentioned, on the 5th of October 1782, leased the same to one John Winning, his executors, &c. for ninety-nine years, at. a certain annual rent. That the said Winnivg entered and possessed the said lot under the said lease, andón the 15th of January 1787, by his will, “ bequeathed and devised to his wile Margaret, all his estate, both real and personal, during her natural life, and no longer;” and after the death of his wife, he directed, a that his daughter in law, Susanna Nelson, (provided she should marry with his wife’s consent,) should have am! hold his property, both real and personal, to her and her heirs for ever.” That the said Winning died on or about the. 15th of July 1789, and the said Margaret caused the will to be proved, and obtained letters testamentary thereon, and entered and possessed the said lot until her death, which happened on or about the 5th of November 1793. That a certain Thomas M‘C-reery, a native of Ireland, and subject of the King of Great-Eritain, in the life-time of the said Margaret, intermarried with the said Susanna Nelson; and after the death of the, said Margaret, the said Thomas and his said wife, entered into and posses:.cd themselves of the said lot under the devise in the said will, in right of the said Susanna. That the said Susanna died in the life-time of the said Thomas MWJreery, and that tne said Thomas remained in possession of the said lot until his death. That the said Thomas M‘Greery, in order to become a citizen of Maryland, and to become naturalized according to the act of assembly in such case made and provided, on the. 30th of September 1795, took the oath, and repeated and subscribed the declaration by the said act required, before the honourable Samuel Chase, esquire, then being the chief judge of the state of Maryland for the general court, and did then and there receive from the said chief judge a certificate thereof, in the words following, to wit: “ Maryland, sc. “I Samuel Chase, chief judge of the state of Maryland, " do hereby certify ail whom it may concern, that on the «thirtieth day of September, in the year one thousand “seven hundred and ninety-five, personally appeared “ before me Thomas M'Crcery, and did repeat and sub- « scribe a declaration of his belief in the Christian Religion, and take the oath required by the act of assem- " lly of this state, entitled, « An act for naturalization.” « In testimony of the truth hereof I, the said Samuel " Chase, have hereunto put my hand, at B&ltimore-town “ in the state of Maryland, on the said thirtieth day of " September, in the year one thousand seven hundred. s« and ninety-five» Samubi- Csiace.,”
    
      That the said Thomas JIBCrecry died on or about the 23d of February 1796» having first duiy made and cxe cuted ins last will and testament, dated in Dublin on the 18th of January 1796, whereby he devised 6i ail his es-fate in the town of Baltimore, in North-America, or elsev-here, botii real and personal, of what nature or kind soever, to his brother James $PCreery, in trust, and to and for the uses, intents and purposes, thereinafter expressed and declared, of and concerning the same; that is to say, in the first place to sell and dispose of the property real and personal,” See. That letters of administration on the personal estate of the said Thomas Mercery, with the said will annexed, was granted to John M‘Creery the lessor of the plaintiff, and that the said James JlBGrecry, the devisee in the said will mentioned, was and is an alien and British subject.
    Marlin, (Attorney-General,) for the plaintiff
    
      Winchester, for the defendant.
    
      Martin, (Attorney-General,) for the plaintiff,
    argued that the case might be considered under three questions:
    
      First. Supposing Thomas M'Greevy an alien at the time of his death, is his lease good to try his title?.
    
      Secondly. If his right as an alien friend is not good, is not his right confirmed by Iris being naturalized?
    
      Thirdly. Jf the title is not supportable on these points what is the operation off the British treaty?
    
      First point. The title of an alien is good against all persons hilt the state; and there must he an oüice found an- some act done, to divest his right; and in the life-time of Thomas Mercery there was no act done to divest that right. His administrator takes the property, subject tp> the payment of any debts which the testator owed. An-alien has a right to purchase real and leasehold property — 1 Bac„ Jib. 80, new edition — -and hold for the benefit of the crown. An alien may: take an estate-tail, and suffer a common recovery, and bar the remainder man — Finer, til. Grant, 34. Gold. 103. In case of a fee simple and fee tail, an alien holds for the benefit of the state, hut that he can only be divested by office found.. If an alien lessee dies, the state shall have the land if an. office found — Hughes9 M. 150. An administrator may hold leased property, (unless an office found,) against all persons, but the state — .3 Shep. Jib. (part 4,J 65. An alien may he an administrator of leased property — Cro. Gar. 8. An alien may be an administrator, and have administration of leasehold property. The. act of naturalisation of November 1779, ch. 6, is so far repealed as the act of Congress operates upon it. Any person naturalising under our state law, may still enjoy any right not incompatible with the general government and laws of congress. He may hold property in the same manner as a natural born subject.
   Chase, Ch. J.

The court are of opinion on the first point, that the title of Thomas M'Creery, an alien friend, is good against every body hut the state, and that his right and possession could not be divested but by office found, or some act done by the state,to acquire possession 5 and that th - right and title of Thomas M<Creery vested in John M‘Creery the administrator.

Judgment for the plaintiff, possession and costs.  