Dobbins v. Stevens
Supreme Court of Pennsylvania
APPEAL. Appeal by the defendant from the opinion of Huston, J., holding a Circuit Court for Mams county, in pursuance of which a verdict was rendered in favour of the plaintiff. The suit was an ejectment brought by James Dobbins against Thaddeus Stevens, for 200 acres of land in Mams county, of which Thomas Cross was seized in his demesne as of fee, and by his last will and testament devised the same to the plaintiff.
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APPEAL. Appeal by the defendant from the opinion of Huston, J., holding a Circuit Court for Mams county, in pursuance of which a verdict was rendered in favour of the plaintiff. The suit was an ejectment brought by James Dobbins against Thaddeus Stevens, for 200 acres of land in Mams county, of which Thomas Cross was seized in his demesne as of fee, and by his last will and testament devised the same to the plaintiff. “ James Dobbins, Esq. his heirs and assigns forever, provided he charges himself with the sum of two thousand pounds, the price at which I value the same, which said sum,…
1Opinion of the Court
The opinion of the court, (Huston, J., taking no part,) was delivered by
Gibson, C. J.
Actual fraud cannot be pretended, for I think it clear the advice given, was perfectly correct. A chancellor would raise the legacies out of the land in the hands of Mr. Dobbins or any one claiming under him. He was not an object of the testa; tor’s bounty, but a purchaser for value, and we are not to suppose the testator intended to part with the land as a security. Mr. Stevens was therefore altogether accurate in advising that the legacies were a charge on the land.. The question then is, whether a counsel…
2Cited by1 opinion
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