Lessee of Moody v. Vandyke
Supreme Court of Pennsylvania
These were appeals from the decision of Judge Yeates at a Circuit Court for Northumberland, in June 1808. By the report of the case the facts were as follows : Robert Moody, in whom the title to the premises was admitted to have been at the time of his death, by his last will and *testament, dated 11th August 1778, appointed his wife Abigail, together with William Maclay and William Plunket, his executors, and authorized them or any two of them, to sell his real estate, as…
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These were appeals from the decision of Judge Yeates at a Circuit Court for Northumberland, in June 1808. By the report of the case the facts were as follows : Robert Moody, in whom the title to the premises was admitted to have been at the time of his death, by his last will and *testament, dated 11th August 1778, appointed his wife Abigail, together with William Maclay and William Plunket, his executors, and authorized them or any two of them, to sell his real estate, as the exigencies of his family might require, or any considerable demands against his estate might render necessary. They…
1Opinion of the Court
*Tilghman C. J.
after stating the facts, delivered his opinion as follows:—
I will first consider the ejectment against Vandyke, because his title differs in one important ieature, from that of Ireland.
The subject may be divided into three questions. 1. Had the administrators cum testamento annezo a power to sell these lands ? 2. If they had not, are there any equitable circumstances, which according to established principles would induce a court of chancery to issue an injunction to prevent *37the plaintiff’s recovery? "Was it necessary for the plaintiffs to do any and what acts which they have…
2Cases cited2 opinions
- Franchot v. LeachNew York Supreme Court · 1826
- Innis v. CampbellSupreme Court of Pennsylvania · 1829
3Cited by10 opinions
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Workman v. GuthrieSupreme Court of Pennsylvania · 1857
- Leshey v. GardnerSupreme Court of Pennsylvania · 1842
- Brown v. MetzSupreme Court of Pennsylvania · 1836
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