Godfrey against Dixon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 462
IN THE KING'S BENCH.
case 7. godfrey against dixon. If aliens, father and son, come into England, and the father be made a denizen, and afterward hath a second son born, and die, and then the elder son be naturalized, and dies, the second son shall be heir to his brother. Co. Lit. 8. a. 33. a. 129. a. Stiles, 139. 2 Roll. Rep. 93. 1 Vent. 413. 419, 420. Vaugb. 291. 1 Sid. 193. 197. 201. 1 Lev. 60. Godb. 275. Palm. 13. 213. 2 Hawk. P. C. 648, 649. Naturalization must be perpetual, denization may be temporary. Cornelius Godfrey, an alien of Spain, had issue Daniel Godfrey, born in Flanders, within the allegiance of the King of Spain. The father and son came into England in 4 Eliz, The father was made a denizen, and after had issue Cornelius Godfrey his younger son, born here in England in 40 Eliz. The father died ; and in the 3 Jac. 1. CRO.JAC.MO. TKINITY TEUM, 17 JAC. 1. IN B. R. 4fi3 Daniel Godfrey was naturalized by Act of Parliament, arid after purchased copyhold land, and died without isaue. The question was, whether Cornelius Godfrey, the younger son, should inherit this copyhold? The words of the naturalization are these : " That Daniel Godfrey shall be enabled to purchase, inherit, have and enjoy, arid demand, as heir to any ancestor lineal or collateral; and that he shall be adjudged a natural subject of the kingdom of England, in every respect, condition, and degree, to all intents, constructions, and purposes." The doubt only grew upon these words, because it is enacted, that he shall bo "heir to his ancestor lineal or collateral;" bub it is not said that they shall be heirs to him. It was objected, that at the time of the father's death the eldest son had no inheritable blood in him, and in defect thereof the youngest son might not be heir to him. But it was thereto answered, that true it is there was a disability, but not in the blood, viz. his blood was not the cause of his disability, but the place of his birth ; for the law respects not the blood, where there is not any allegiance ; hut here is...
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Craw v Ramsey
...birth of the party; but denization takes effect from the birth of the party ; but deuization takes affect from the date of the patent. Croke, Jac. p. 539, Godfrey's case. [188] Naturalization therefore cannot be partial, as denization may. When the King in Parliament invested them with a po......