Legal Opinion

Johnston v. Humphreys

Supreme Court of Pennsylvania

Decided September 19, 1826PublishedCited by 2 opinions

IN •ERROR. On a writ of error to the Court of Common Pleas of West(more-land county, it appeared that this was an action on the case, brought by the defendant in error, Thomas Humphreys, administrator of Charles Porter, deceased, against Alexander Johnston, for money had and received by the latter for the use of the former, under the following circumstances:— Charles Porter purchased from John Craig a tract of land, and paid him the first instalment.

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IN •ERROR. On a writ of error to the Court of Common Pleas of West(more-land county, it appeared that this was an action on the case, brought by the defendant in error, Thomas Humphreys, administrator of Charles Porter, deceased, against Alexander Johnston, for money had and received by the latter for the use of the former, under the following circumstances:— Charles Porter purchased from John Craig a tract of land, and paid him the first instalment. Porter died in Philadelphia, on his way to Ireland, and, there being no person in this country to complete the purchase, the amount of the first…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

It has been ruled by the Chancellor of New York, (3 Johns. Ch. R. 190,) that no lapse of time is a bar to a direct trust, between the trustee and cestui que trust. Upon this principle, it has been decided that an administrator, being a trustee, cannot set up the act of limitations in bar of the next of kin, or person entitled to the distribution of the assets. The distinction is between a direct or express trust, and those eases where a person comes into possession in his own right, and is afterwards, by matter of evidence, or construction,…

2Cited by2 opinions

  1. Lyon v. MarclaySupreme Court of Pennsylvania · 1832
  2. Bangs v. HallMassachusetts Supreme Judicial Court · 1824

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