Pullen v. Rianhard
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Robert Pullen, trustee of Sophia Johnson against James Rianhard, to recover possession of a messuage and lot of ground situate in the township of Germantown in the same county.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Robert Pullen, trustee of Sophia Johnson against James Rianhard, to recover possession of a messuage and lot of ground situate in the township of Germantown in the same county. The title of the plaintiff was as follows : John P. Johnson, under whom both parties claimed, being seized of the premises, conveyed the same, on the 1st of July, 1824, to Samuel Castor, who on the 8th day of the same month, conveyed the same to John M'Clure, on the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The chief question here, is settled by the principles laid down in the case of Lancaster v. Dolan, (1 Rawle, 231.) In that case; the conveyance to the trustees, was upon trust “ to permit the party, (who at the time was a feme sole, but contemplated *521being married,) to use, improve, occupy, possess and enjoy; and to receive all and singular, the rents, issues and profits,” and it was considered that the trustees took the estate with the use executed. The Chief Justice who delivered the opinion of the Court says,, “ a use' thus limited to any…
2Cases cited1 opinion
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
3Cited by5 opinions
- Barnett's AppealSupreme Court of Pennsylvania · 1864
- Spencer's EstateSupreme Court of Pennsylvania · 1910
- McMahon v. Taylor, Pennsylvania Court of Common Pleas, Susquehanna County1936
- Simon's EstatePennsylvania Orphans' Court, Philadelphia County · 1939
- Wetherill v. MeckePhiladelphia Court of Nisi Prius · 1850