THIS case came before the court from the circuit court for the county of Washington, in the district of Columbia, on a case stated in that court.
The plaintiff, Thomas Spratt, instituted in the circuit court an action of replevin, the defendant, as the administratrix of James Spratt, having levied a distress on the property of the plaintiff, for rent claimed to be due for a house occupied by him in the city of Washington, and to which he claimed title in himself, and in the brothers and sisters of James Spratt, deceased. It was agreed, by the counsel, that the title to the house and lot of ground upon which the same is erected, should be determined upon the following stated facts:
Thomas Spratt, Andrew Spratt, Sarah Spratt and Catharine Spratt, are brothers and sisters of the whole blood of James Spratt the intestate, and are natives of Ireland, and subjects of the king of Great Britain, and were not, before the institution of this suit, naturalized as citizens of the United States; and but one of them, Thomas Spratt, and the deceased, James Spratt, ever came to the United States. James Spratt was also a native of Ireland, and came to the United States some time before the 18th of June 1812; from which time he continued to reside in the United States until March 1824, when he died without issue, leaving Sarah Spratt his widow, who became the administratrix to his estate.
James Spratt, on the 17th of May 1817, appeared in the circuit court of the district of Columbia for the county of Washington, and before the court made the declaration on oath required by the first condition of the first section of the act to establish an uniform system of naturalization, &c. passed the 14th of April 1802; which proceeding was recorded in the minutes of the court's proceedings, and a certificate thereof, under the hand of the clerk and the seal of the court, on the same day given to James Spratt; he having, on the 14th of April then next preceding, made report of himself to the clerk of the circuit court, as stated in the certificate; which report was recorded in the office the said clerk, and the certificate of such report and registry, and of the declaration on oath, having been granted by the clerk to him. On the 11th of October 1821, James Spratt made application to the said circuit court to be admitted a citizen of the United States; and was, on the same day, admitted by the court to become a citizen of the United States, as appears by the record of the proceedings of the court, upon the matter of the said application: a certificate whereof, under the hand of the clerk, and the seal of the court, was afterwards given by the clerk to him, and is part of the case.
Sarah Spratt was also a native of Ireland, and a native-born subject of the king of England; she emigrated to the United States before James Spratt, and has continually, from the time of her emigration, resided in the United States; and before his naturalization was lawfully married to him, and lived with him as his lawful wife, from their marriage till his death in March 1824, and was his wife at and before the time of his said naturalization; but has not been naturalized as a citizen of the United States pursuant to the act of congress, unless so naturalized by the naturalization of her husband.
On the 9th of June 1825, the plaintiff and his brothers and sisters, claiming as heirs at law of James Spratt, brought their action of ejectment in this court, against Sarah Spratt, to recover possession of sundry of the lands and tenements whereof James Spratt died seised in fee, not including the messuage and tenement in this suit: in which suit (the same having been duly prosecuted and put to issue) such proceedings were had, that the title of Thomas Spratt was duly submitted to the consideration and judgment of the court, upon a case agreed and stated between the parties, to be taken and considered as a special verdict; upon which the court gave judgment for Sarah Spratt; whereupon a writ of error was sued out to the supreme court of the United States, where the judgment was re-examined, as appears in 1 Peters, 343; which is part of the case.