Barnitz's Lessee v. Casey
Supreme Court of the United States
ERROR to the Circuit Court for the district of Maryland, in an ejectment brought by the less* e of Barnitz against Casey, to try the title of Barnitz to certain real ^ v CS13.Í6 in B<llTlOPC. The facts of the case were stated by Story, J. in deliVering the opinion of the Court, as follows: n , . v Dn or about the 6th of Feb. 1780* Darnel Barnitz died se*zed the premises ih the declaration mentioned, hay-by'his will, devised the same to his wife, Catharine.
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ERROR to the Circuit Court for the district of Maryland, in an ejectment brought by the less* e of Barnitz against Casey, to try the title of Barnitz to certain real ^ v CS13.Í6 in B<llTlOPC. The facts of the case were stated by Story, J. in deliVering the opinion of the Court, as follows: n , . v Dn or about the 6th of Feb. 1780* Darnel Barnitz died se*zed the premises ih the declaration mentioned, hay-by'his will, devised the same to his wife, Catharine. Barnitz, in fee,' and leaving issue, by his said wife, an °.nb child and heir, Elizabeth Barnitz, who intermarried with one Charles JP…
1Opinion of the Court
The Court having taken time since last term to advise,
Story, J.
(after stating the facts of the case,) delivered the opinion of the Court as follows :
It is true, that the general rule is, that an heir shall not take by devise, when he may take the same estate in the land by descent. 1 BoU,. Mr. 626.1. SO. Hob. 30. 1 Salk. 242. 1 Bl. Rej). 22.
But it is not denied that all the estates which each of the grandsons derived under the will, were estates by purchase. Admitting the executory devises over to be good, there could be no doubt as to any part of the estates | for the estates are of a…
2Cited by44 opinions
- Carroll v. Lessee of CarrollSupreme Court of the United States · 1854
- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- Becker v. ChesterWisconsin Supreme Court · 1902
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Copenhaver v. PendletonSupreme Court of Virginia · 1930
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