Kennedy v. Fury
Supreme Court of Pennsylvania
A conveyance was made to A., in trust for B., and B. brought an ejectment on his own demise. Blair contended that the demise ought to have been laid in the name of A., inasmuch as the legal estate was in him.
1Opinion of the Court
*71But by
Atlee, Justice
(McKean, C. J., being absent), the demise by B. is well enough. We have no court of equity here; and, therefore, unless the cestui que trust could bring an ejectment in his own name, he would be without remedy, in the case of an obstinate trustee, (a)
This case is frequently referred to as establishing what is now a well-settled principle. See Crunkelton v. Evert, 3 Yeates 570; Simpson v. Ammons, 1 Binn. 177.
Presbyterian Congregation v. Johnston, 6 W. & S. 9; Caldwell v. Lowden, 3 Brewst. 63.
2Cases cited2 opinions
- Logan v. MasonSupreme Court of Pennsylvania · 1843
- Lessee of Crunkelton v. EvertSupreme Court of Pennsylvania · 1803