The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-17

[Frtm the Rochester Union Dec. 1871
., fsrd'ndnd ~ Ichn rs james Norshsp-rhe above en-
titled action which has bceK IN the upreme
Court for the la day presents not only Diff
fcult questions Of law out curious historical
1t affects the title to about four thousand AZ in
Ontario county being part OF what called the Phsls
and Gorham purchase fhe principal facts far AZ
iolows:-Ihe late Lord Boiog'rook Of Englsnd h.y-
ing wife and family in that country married, under tbs
man lady, and brought her America about the yeac
1896 He domiced in the United States several
years In 1901 His frst wife d,ed in England in
the 1901 af CT which he married second ime
to the Bar Hsoech, in the city Of kew YORK. BY
ibis lady Lord olis cb-' ok had five Children all BORN
the United 'ates viz wm. Jane. s.. john Heary Jo
seph St. John, caught ers-Isabella and Antoinere
Ferdinand ST. john the plaintiff In this action.
II viii be obsersed that the family Of Lord b.
lipgt,oke st John. The four children frat named
born before the second risgc, and before
death Of Lord Boiling brokes first Wife and were Of course
ill~giimate Ferdinand after the second
rnge gi'sfe but Of the questions raised
" ne case is wa, 10 q izsn OF the United states
hnc with bis vito and children. Tbs two daughters died
many years seo, und.r sge n'e-tate and unmarried.
Wm James st. John married and removed 10 Bouo1ne
Sur Mer In France where his John Henry Herbert
st. John, born in 1885 Jonn Henry Herbert and his
five years since, when his mother died
Nilsm James St. John died in 1845. His mother,
Qndy BeiDgbr cke survives him but she IL dead.
he land In qu stion conveyed BY the original pro-
rrietors and corveyances we're made from person to
person pntl the our thousand acres were conveyed n
Iddy ard his vie in tie 1907 AMI for the Of
$s.v2 conveys 1t 10 the children OF Lord Boil
nn'er The ALLOWING description, viz - wm. james,
Henry Joseph Lah.fa Ann, An'oiueua Diana aud Fer
dipand, sub Of them living; which said
VIM james Henry Joseph, LabelLa Ann AID Antoinetls
Gaba repu,ed children Of Lord VI Boingbroke,
Of The u tied Kingdom of Great Britain and ireland.
beng nors and all Of them quite young or VINO paid
the Transformation money does not appear. IL would
seem, vevsr that pobody but Lord Boinebroke was
eent that time TO write the description Of tbs
given IN the deed ard il Of probable
uat he psd the ctn.ideJx,ion money. Bat II ~ was
hv Ia he
Of them as are now Bviugfn ne must PROBABLY havo
known whether they living not These queries,
however, do not affect the legal questions in the
HeI o-eph and Ferdinand afterwards conveyed their
title to Vim. Jsmes; but he having dies above stated,
Ferdinand claims the title from him by descent
Now was Ferdir apd It John citizen OF the UnitsI
atesy II he alien he tina lands
in question: but he succeeds 70 the title Of Lord Doing
b. okc. Istead 1t being large landhlder Ia America,
he becomes peer Of the resu. But Ferdinand prefsra
The Ibid TO the t,e aud he therefore claims that ne
citizen Of the Ured States which the osfepdant oenes
Ju.g.d by the law Of Eng and he is no citizen; but
cling TO tie lave Of Tho Ui cd states they
sted at that time IL depend upon the fact tn
whe her Lord Bonehrose gained permanent residence
here intending make this country his future home,
mere Ieuse or hs,, place rom bis awful vile SUCH
would seem 10 have been his motive Ia coming and
mani,s be,e frcm the fact II his immediate return to
Eut u he was and is a citizen, then can he take
title, Immediately. from William James 81 jain,
Lady Bainebroke his alien mo,herp We have
statute which provides that q person capable Of
uheiiliDR snail Rot Dc pr"cidded IN CONSEQUENCE
OF the aer sm Of his ancestor But when william James
died be left son hsrg John Henry Herbert The
o, saa ro &c 70 n, 30. es s az "a
avert from him, does 1t extinct In aimg II ths
lite could 70 TO and rest la him, then IL woni q
lady BoiDgbrs Ne But she alien. lid the title
fec,me extinct In her. ESQ far citizens u this country
ctncerptd) does that mike q covered BY
taueg' Does statute enable citizen 70 Inherit
hen there aliens living Who would Inherit is
CT Cor tie tact Of aenuy There anu many other nice
ue.ious presented IN the case we leave the lawyers II
etfe.
We ought to add, however that the premises In ques
ion ego taken posseesi9n Of By the de-
n,ans ana Il ose from whom they claim and BY whom
The lands have been cleared cultivated made vsu
sbe And would ipdcei be unfortunate many Of tho
test fs'ms In Western New York De given up by
there whose labor and skill have made them what they
src, TO enc who has equitable claim Whatever to them