Allen v. Lyons
United States Circuit Court
[At law. Action of ejectment. Tried by jury. Verdict for plaintiff.] The plaintiff, in tracing bis title, began with a deed from one R. to William Carter, dated April 1733, granting a rent charge out of this ground, being a lot in Philadelphia;' a deed from R. to Benjamin Clark, of tbe fee simple of the lot, charged with the rent,, in 1738: the will of Clark, devising this lot to his wife for life, and to his seven children; deed from the widow and five children to Thomas…
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[At law. Action of ejectment. Tried by jury. Verdict for plaintiff.] The plaintiff, in tracing bis title, began with a deed from one R. to William Carter, dated April 1733, granting a rent charge out of this ground, being a lot in Philadelphia;' a deed from R. to Benjamin Clark, of tbe fee simple of the lot, charged with the rent,, in 1738: the will of Clark, devising this lot to his wife for life, and to his seven children; deed from the widow and five children to Thomas Campbell, of five-sevenths of the lot: an order of the orphans’ court, authorizing the administrator of William Clark,…
1Opinion of the Court
WASHINGTON, Circuit Justice,
charged the jury. The case of Hylton v. Brown, [Case No. 6,980,] is express, that in an ejectment against other than the proprietor, or one claiming under him, it is not necessary to show tbe title out of him, if a right of entry is proved. Secondly; tbe orphans’’ court has a general jurisdiction, as to intes-tates’ estates, and to direct a sale for payment of debts, which it appears was necessary in this case, and it is not competent to this court to examine tbe order of that court, which remains in full force. Thirdly; whether William Clark was tbe heir to…
2Cited by13 opinions
- Young v. . ShulenbergNew York Court of Appeals · 1901
- Pate v. BushongIndiana Supreme Court · 1903
- Fitzpatrick v. FitzpatrickSupreme Court of Iowa · 1873
- Collins v. CappsIllinois Supreme Court · 1908
- Moreland v. BradyOregon Supreme Court · 1880
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