Ashhurst v. Given
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. Ashhurst and sons against Samuel Given. The plaintiffs obtained a judgment against the defendant, upon which they sued out a writ of execution and levied it upon the life estate of the defendant devised to him by the will of his father, James Given, deceased.
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ERROR to the Common Pleas of Cumberland county. Ashhurst and sons against Samuel Given. The plaintiffs obtained a judgment against the defendant, upon which they sued out a writ of execution and levied it upon the life estate of the defendant devised to him by the will of his father, James Given, deceased. The question arose upon a motion of the plaintiffs to have a sequestator appointed in pursuance of the 68th and 69th sections of the Act of 16th June 1836, and was, whether Samuel Given derived such an estate under the wall of his father as was subject to execution for debts contracted…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Originally, at common law, the feoffee to uses was the complete owner of the land, and his estate therein was subject to all the incidents to which real ownership was liable. Co. Lit. 271 b. note (1). His wife was entitled to dower in it. Bro. Feoff. Uses, pi. 10. It was subject to wardship, relief, &c. He had the power of selling it, and forfeited it for treason or felony. In short, he might have brought actions, and have exercised every kind of ownership over, or in respect of, it. Dyer 9; Jenk. Rep. 190. But after some time,…
2Cases cited1 opinion
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
3Cited by24 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Dodson v. BallSupreme Court of Pennsylvania · 1869
- Rife v. GeyerSupreme Court of Pennsylvania · 1868
- McIlvaine v. SmithSupreme Court of Missouri · 1867
- Welsh v. Campbells.Hawaii Supreme Court · 1955
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