Ch. XL Sec. I.] Revenue. — Escheats. 229 children born after the denization may inherit, in the hitter they may whether born before or after [a). It may not perhaps be irrelevant to consider in this place the rights of the Crown on an alien purchasing lands. Aliens are by law incapable of holding lands by purchase ih) : but their purchases stand good (c), and as every person resident in the country is prima facie a natural born subject, the free- hold remains in them (^), till on office or inquisition the same are divested and seised to the King's use [e) ; for on office found the King by his prerogative is entitled to such lands of whomsoever they are holden {f). But if an alien who can have no heir purchase land and die, the freehold is cast upon and is in the King without office found [g) : unless after the pur- chase he has been made a denizen and hath issue ; for in such case the son has a plausible, though not a legal (//) claim, which should be investigated and disproved only on office found {i). In general if a denizen purchase a fee, and , die without issue, the lord of the fee shall have the escheat, and not the King, the effi3ct of denization being to enable the party to purchase {k). It should be remarked, that though an alien may hold under a purchase, that is, till office found, and the land then enures for the benefit of the Crown, yet he cannot, even for the benefit of the King, take by act of law, as by descent, &c. (Z). And if he, purchase in the name of J. S. in trust, &c. the legal estate being in the latter, it is held the Crown must sue in Chancery to have the trust executed (a) I Rl3. C. 374. 2 Ibid. 250. (b) Co. Lit. 2. (f) 1 Bla. Com. 372. (r/) And therefore on a covenant to stand seised an use will arise for an alien, Godb. 275. Ffoffment to an alien, &c. Dyer, 283, b. (e) Co. Lit. 2, a. 5 Co. 52, b. 1 Eac. Ab. 153. Before office recovery by an alien tenant in tail will bar re- mainder, Gouldst. 102. 4 Leon. 84. But even before office found the King is so far entitled to the property as to have a right to the assistance of a Court of Equity to enforce a discovery of the fact of alienage. Park. 144. (/) If an alien purchase a copyhold, it is said that it shall escheat to the lord. Dyer, 2, b. and 303, a. in marg. But see 1 Mod. 17; and All. 14. Hargr. n. 4, and Co. Lit. 2, b. (g) Ibrid. Co. Lit. 2, b. See in Plowd. 229, several cases, in which, for a like reason, the King is entitled without of- fice. See 12 East, 96, and post. c. 12. s. 2. Offices. (h) See ante, 228. (?) Ibid. Bac. Ab. 133, tit. Aliens, C. (k) Co. Lit. 2, b. (/)7Co.25, a. 1 Vcntr. 417. Co. LiU2, b. n. 1. for
