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Airhart Vs. Massieu

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  • US Supreme Court
  • Jan 01, 1878

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  1. U.S. 491 (1878) U.S. Supreme Court Airhart v. Massieu
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  2. U.S. 491 (1878) Airhart v. Massieu
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  3. of empire seems to be settled. Mr. Justice Nelson, delivering the opinion of this Court in the case of Jones v. McMasters
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  4. Texas, was the general law of the infant state, and in some of the early cases in Texas, as in the Heirs of Holliman v. Peebles
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  5. Tex. 673, and in Yates v. Iams
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  6. alien could not hold real estate. The same views were expressed in the case Page 98 U. S. 496 of McKinney v. Saviego
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  7. of law resulting from events beyond their control. This precise question came before this Court in the case of Jones v. McMasters
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  8. is undisputed that the division of an empire works no forfeiture of a right of property previously acquired. Kelly v. Harrison
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  9. contrary since that time. The same views were expressed, and many authorities cited in support thereof, in Kilpatrick v. Sisneros
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  10. also in Sabriego v. White
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  11. id. 581-584, decided in 1868 -- all which cases are recognized in the late case of Andrews v. Spear
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  12. in Mexico, lands situated in Texas. This point was settled by the late decision of this Court in the case of Conrad v. Waples
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  13. title's being void, since no law has been framed to provide the means for declaring forfeitures for alienage. Hancock v. McKinney
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  14. Swift v. Herrera
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  15. Johnson v. Smith
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  16. Luter v. Mayfield
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  17. title. The later cases in Texas have fully established this doctrine. We refer particularly to the cases of Sabriego v. White
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  18. Settegast v. Schrimpf
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  19. and Andrews v. Spear
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  20. cases have undoubtedly decided that an alien cannot sue for lands in Texas. The last case referred to is that of White v. Sabriego
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  21. descent or purchase before the division of the empire and the change of government. In the subsequent case of Sabriego v. White
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  22. to forfeit it, Page 98 U. S. 500 and hence that she was entitled to maintain her action. The case of Jones v. McMasters
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  23. cover the case under consideration. And such is the judgment of the Supreme Court of Texas. In the case of Guilbeau v. Mays
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  24. This case is corroborated by the subsequent cases of Musquis v. Blake
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  25. Nicholson v. Horton
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  26. Wilson v. Williams
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  27. Byrne v. Fagan
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  28. Chambers v. Fisk
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  29. of the immunity arising from the fact that such title is not recorded nor deposited in the land office. Crosby v. Huston
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  30. Grumbles v. Sneed
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  31. U.S. Supreme Court Airhart v. Massieu
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  32. of Jones v. McMasters
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  33. the Heirs of Holliman v. Peebles
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  34. Yates v. Iams
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  35. of McKinney v. Saviego
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  36. Kelly v. Harrison
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  37. Kilpatrick v. Sisneros
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  38. Sabriego v. White
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  39. of Andrews v. Spear
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  40. of Conrad v. Waples
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  41. Hancock v. McKinney
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  42. of Sabriego v. White
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  43. of White v. Sabriego
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  44. of Guilbeau v. Mays
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  45. of Musquis v. Blake
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  46. Byrne v. Fagan
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  47. Crosby v. Huston
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