“ The plaintiffs, being thus found to be British subjects, are incapable of maintaining an action for real estate in the state of New-York, unless they are enabled to do so by the 9th article of the treaty between the United States and Great Britain, made in the year 1794, which provides that British subjects, holding lands in the United States, and their heirs, so far as respects those lands, and the legal remedies incident thereto, should not be considered as aliens. ”

“ It is contended by the defendants in error that this judgment having been rendered subsequent to the treaty of peace of 1783, and in direct repugnance thereto, is not merely voidable, but absolutely void. ”

“ This is an action of ejectment, brought by the defendants in error, in the circuit court for the district of New-York, to recover certain lands, which they claim as the heirs of Donald Fisher, deceased. A special verdict was found in the case, which shows that Donald Fisher was a British subject, residing in the city of New-York, and departed this life in the year 1798, leaving the lessors of the plaintiffs in ejectment his heirs at law, who are, also, British subjects. ”