M'Kee's Leffee v. Pfout
Supreme Court of the United States
THIS was an ejectment tried at the Nifi Prius for Dauphin county in October 1795, when a verdict was given for the Leffor of the Plaintiff, fubject to the opinion of the Court, on a cafe, ftating the following facts.
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THIS was an ejectment tried at the Nifi Prius for Dauphin county in October 1795, when a verdict was given for the Leffor of the Plaintiff, fubject to the opinion of the Court, on a cafe, ftating the following facts. On the third of January 1794, a warrant had iffued for the lands defcribed in the declaration in favor of James Chambers; who, on the 6th of January 1758, made his will, and, inter alia, devifed, “that ail his eftate, after' payment of his debts, be equal- “ ly divided between his wife Sarah, and his children Rowland, “ jinn, Sarah, James, Elizabeth, Benjamin, and .J'ofeph, each…
1Opinion of the Court
The Court flopped Ingerfoll, when he was about to reply, 'and delivered their opinion as follows.
M‘Kean, Chief JtiJlice.
We entertain no doubt on the prefent queilion. Tne Legiflature has, at various periods, and on a variety of fubjetfts, departed from feudal ceremonies and principles, in relation to the transfer and defeent of property: but, in the. prefent inftance, the ail of Aflembly meant only to give to a grant of lands, a greater effeil upon the eftate, on recording the deed, than could previo fly have been enjoyed, without livery of feizen; It never contemplated that ci.rcum-ilunce,…
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