Legal Opinion

Morris's Lessee v. Smith

Supreme Court of Pennsylvania

Decided April 15, 1792Published

Ejectment for twenty-three acres in Philadelphia county. It was agreed, that John Hunt (under whom both parties claimed) died seised of the premises ; and the lessor of the plaintiff’s immediate title was derived under a judgment obtained against Hunt’s executors, in June term 1786, at the suit of Thomas Corbin, for 105Z. 10s.; upon which there was an execution, a sheriff’s sale, and a sheriff’s deed to the plaintiff, dated the 5th of. June 1787.

1Opinion of the Court

The defendant relied on this statement: Hunt died the 81st of March 1778, having made his will, and leaving an only son, who sold and conveyed the premises to William McCullough, on the 26th of December 1778, for a full and valuable consideration. But it was decided in the year I736, (a) that such a conveyance by the heir-at-law, or devisee, was not sufficient to protect the real estate from creditors ; and then, the widow and executrix oí Hunt confessed a judgment to Corbin, upon which the premises were taken in execution, and sold to the lessor of the plaintiff, but, in truth, for the…

2Cases cited3 opinions

  1. Graff v. Smith's AdministratorsSupreme Court of the United States · 1789
  2. White v. HartSupreme Court of Pennsylvania · 1793
  3. Moore's Lessee v. FewSupreme Court of Pennsylvania · 1786

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