Lumb v. Jenkins, 100 Mass. 527 (Mass. 1868).
Lumb v. Jenkins, 100 Mass. 527 (Mass. 1868). Book View Copy Cite
William Lumb
v.
Horace Jenkins
Massachusetts Supreme Judicial Court.
Nov 15, 1868.
100 Mass. 527
JJ. W. Muzzey, for the plaintiff., H. U. Sprague, for the defendant.
Chapman.
Cited by 4 opinions  |  Published
Chapman, C. J.

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.