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M'Ilvaine v. Coxe's Lessee U.S. 280 (1805)

handle is hein.slavery/ussccases0046 and id is 1 raw text is: 280 SUPREME COURT U. S. MWILVAlvz Coxs Lzs.M'ILVAINE v. CtOXE'S LESSEE.t' Coxr's Lrs.L SS Et SERROR from the circuit court for the district of Quere V1he- NA. Jersey, to reverse a judgmdnt given for the plaintiff thern n e below, upon a special verdict in ejectment. colony of Ar. Yersey before The material facts of the case are stated in the argu.- the war w ith te.r ith &ment of TV. Tilghnan. who resided there until the T. Tilghman, for plaintiff in error. year 1777, but who then join. ed the British The question which arises in this case is of great im- army in Pli. portance, and has never been decided in this court, nor la-*dphia, and in the State of New-Versey. aftervards. went to En. gland, where It is, in substance, whether a person born ini the U. he has ever S. *-ile they were British colonies, and .who took no since r'esided,thyrs cones and whde, part in favoai of the revolution but joined the- British always claim, army in an early stage of the war, and from that time ed to be a to this, by the whole tenor of his actions'and-decarations, British sub- has shewn his electiofl not to'be a citizen of the U. S. ject, can now take and hold but to adhere to the British empire, was capable of lands in the taking land in Newv-tersey by'descent in the year 1802. state of New. ffer, ey, by de. scent ftom a There is no occasion to dwell minutely. on 'the title. citizen of the The lessor of the plaintiff had good title if Daniel Coxe, U. S. the yoanger,.was capable'of- taking by descent, from his Whether, by aunt Rebecca Coxe who died in 1802, that is to say, he the act of the state of New. has title to a certain' undivided part; according to the yers of 4th law of descents in-New-.7ersey, concerning which there Oct. 1776 he is no question. became a member ofthe new govern. Family disputes .are always unpleasant; yet as laws -mentagaIn- regulating descent, are merely of municipal creation, no his will. Whetherhe one has a right to complain if, by a change of the law, could expatri. he now receives a less portion than formerly, or even if ate him;If af. he receives no portion at all. ter te peace . Whethei by expath atby o Present, Ctshing, Paterso;, Washington, and YoAnton, Justices.- manabecomesaThe Chief Justice did not sit in this cause, having formed a d-cided opi. man becomes 1U iineetwsc cr' :in alien to SM nion on the principal question, whie his interest was conceried. The importance and interesting nature of fhe questions involved in this intents and case, it is hopid, will apologize for publishing the arguments of counsd pu , cion of the cause

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