Lumb v. Jenkins
Cases that cite this one
4 later published cases cite this decision.
- Hanafin v. McCarthy (N.H. 1948)
- Bonthron v. Phœnix Light & Fuel Co. (Ariz. 1903)
- Mulhall v. Fallon (Mass. 1900)
- Ross v. Ross (Mass. 1880)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Gen. Sts. c. 90, § 38, aliens may take, hold, transmit and convey real estate, and no title to real estate shall be invalid on account of the alienage of any former owner. These provisions were first enacted in substance in St. 1852, cc. 29, 86. They were clearly intended to change the law as stated in Foss v. Crisp, 20 Pick. 121,124. No fair interpretation of this language will authorize us to hold that it makes any difference between aliens on account of their residence. All of them may take, hold, transmit and convey real estate. Therefore the plaintiff cannot convey the title which he agreed to give. Judgment for the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.