Erickson v. Carlson
Decision Date | 30 January 1914 |
Docket Number | 17,500 |
Citation | 145 N.W. 352,95 Neb. 182 |
Parties | AUGUSTA ERICKSON, APPELLANT, v. CARL GUSTAV CARLSON ET AL., APPELLEES |
Court | Nebraska Supreme Court |
APPEAL from the district court for Phelps county: HARRY S. DUNGAN JUDGE. Affirmed.
AFFIRMED.
Frank A. Anderson, George W. Stockwell and Carl O. Beroth, for appellant.
C. J Beedle and Adams & Adams, contra.
This is a suit to quiet in plaintiff title to 120 acres of land in Phelps county. The action was dismissed, and plaintiff has appealed.
When Carl Peterson owned the land in controversy, he died intestate November 13, 1906. Plaintiff is his daughter and resides in Chicago. His two sons are the defendants. They live in Sweden. Plaintiff asserts that her brothers are non-resident aliens who are prohibited by the laws of Nebraska from inheriting land in this state and that therefore her father's realty descended to her, the only heir capable of taking it under the statutes of descent.
The dismissal from which she appealed to this court is without error for the following reasons: A treaty between the United States and Sweden protects defendants from the statute prohibiting non-resident aliens from inheriting land in this state, the sixth article being in part as follows. 8 U.S. St. at Large, p. 64, art. VI.
The original treaty is written in French. The term "goods and effects" is a translation of the French expression "fonds et biens," and has been construed to include real estate as well as personal property. Adams v. Akerlund, 168 Ill. 632, 48 N.E. 454. In French law biens "includes all kinds of property, real and personal." Black, Law Dictionary, p 131. A text-writer says: "The term biens , in the sense of the civilians and continental jurists, comprehends not merely goods and chattels, as in the common law, but real estate." Story, Conflict of Laws (8th ed.) sec. 13, note 1. The words "heirs," "succession," and "inheritances," as they appear in the treaty, may be properly used in connection with the descent of realty. Adams v. Akerlund, 168 Ill. 632, 48 N.E. 454. Treaty rights affecting real estate were as important as those...
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