243. At common law, aliens could take real property, but their title could be divested by proceedings instituted by the officers of the government, called " office found."
244. This disability has been removed in many states by statute.
39 Loomis v. Brush, 36 Mich. 40.
40 Burdeno v. Aniperse, 14 Mich. 91; Allen v. Hopper, 50 Me. 371. But see Winans v. Peebles, 32 N. Y. 423; 1 Stim. Am. St. Law, § 6471.
41 Snyder v. Sponable, 1 Hill (N. Y.) 567; Oulds v. Sansom, 3 Taunt 261.
42 See 1 Stim. Am. St. Law, § 6506.
44 Ante, p. 363.
45 In re Steinmetz's Estate, 168 Pa. St 175, 31 Atl. 1092. The power of a married woman to devise land held by her in right of another-for instance, as executrix-is an apparent,rather than a real,exception to the commou-law disability. Scammell v. Wilkinson, 2 East, 552. And see Rich v. Cockell, 9 Ves. 369.
46 1 Jarm. Wills, 39; 1 Woerner, Adm. 27.
47 l stim. Am. St Law, § 6460. And see Dillard v. Dillard's Ex'rs (Va.) 21 S. E. 669.
48 1 Stim. Am. St. Law, § 2602.
Disabilities of aliens consist principally in their incapacity to bold real property after the title has been passed to them, for it is held that the title passes out of tbe grantor and is held by the alien until tbe state institutes proceedings to divest it.49 This is called "office found." Before office found tbe alien can sell and convey tbe land as if not under disability.50 While the power of aliens to hold land is a matter for state regulation, any state laws are subject to treaties which may be made by the United States.51 In many states the disabilities of alienage have been removed, while in others they are removed only as to resident aliens. In some states aliens may buy and hold land, but are not permitted to take it by descent.52
Inheritance by Aliens.
At common law, aliens could not inherit, nor could the Inheritance be transmitted through them. The rules, however, have been largely changed by statute. In some states the disabilities are entirely removed; in others they exist except as to alien friends or residents; and now in all states, probably, the alienage of an ancestor would not prevent the inheritance passing to naturalized citizens.53
49 Doe v. Robertson, 11 Wheat 832; Sheaffe v. O'neil, 1 Mass. 256; Wads-worth v. Wadsworth, 12 N. Y. 376.
50 Sheaffe v. O'neil 1 Mass. 256; Marshall v. Conrad, 5 Call (Va.) 364; Halfstead v. Lake Co., 56 Ind. 363; Montgomery v. Dorion, 7 N. H. 475. But that the estate so conveyed will be subject to forfeiture in the hands of the grantee, see Scanlan v. Wright, 13 Pick. (Mass.) 523; People v. Conklin, 2 Hill (N. Y.) 67.
51 Schultze v. Scnultze, 144 111. 290, 33 N. E. 201; Hauenstein v. Lynham, 100 U. S. 483; Carneal v. Banks, 10 Wheat 181; Chirac v. Chirac, 2 Wheat. 259. For restrictions imposed by congress on the capacity of aliens to hold real property, see 24 Stat 476.
52 1 Stim. Am. St Law, § 6013. 1 Shars. & B. Lead. Cas. Real Prop. 515. See Bennett v. Hibbert, 88 Iowa, 154, 55 N. W. 93; Wunderle v. Wunderle, 144 111. 40, 33 N. E. 195. A citizen cannot inherit in some states through an alien ancestor. Furenes v. Michelson, 86 Iowa, 508, 53 N. W. 416; Beavan v. Went, 155 111. 592, 41 N. E. 91.
53 1 Stim. Am. St Law, §§ 6013-6017; 1 Dembitz, Land Tit 302.