In Fairfax's Devisee v. Hunter's Lessee (1813) 11 U.S. 603, it was held that at common law, aliens, though not permitted to take land by operation of law, may take by the act of the parties; but they have no capacity to hold against the State, and the land so taken may be escheated to the State. This common law right to take by purchase (grant or devise) applies to alien enemies as well as to alien friends. The Supreme Court of the United States (per Story, J) made the following comment: "The next question is as to the nature and character of the title which Denny Fairfax took by the will of Lord Fairfax, he being, at the time of the death of Lord Fairfax, an alien enemy. "It is clear by the common law, that an alien can take lands by purchase, though not by descent; or in other words he cannot take by the act of law, but he may by the act of the party. This principle has been settled in the year books, and has been uniformly recognized as sound law from that time. 11 Hen. 4, 26. 14 Hen. 4, 20. Co.Litt. 2 b. Nor is there any distinction, whether the purchase be by grant or by devise. In either case, the estate vests in the alien. Pow.Dev. 316, &c. Park.Rep. 144. Co.Litt. 2 b. Not for his own benefit, but for the benefit of the state; or in the language of the ancient law, the alien has the capacity to take, but not to hold lands, and they may be seized into the hands of the sovereign. 11 H. 4, 26. 14 H. 4, 20. But until the lands are so seized, the alien has complete dominion over the same. He is a good tenant of the freehold in a precipe on a common recovery. 4 Leon. 84. Gouldsb. 102. 10 Mod. 128. And may convey the same to a purchaser. Sheaffe v. O'Neil, 1 Mass. 256. Though Co.Litt. 52 b, seems to the contrary, yet it must probably mean that he can convey a defeasible estate only, which an office found will divest."