Alexander v. M'Murry
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. Samuel Alexander, Esq., against Acheson M’Murry. Ejectment for a tract of land.
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ERROR to the common pleas of Westmoreland county. Samuel Alexander, Esq., against Acheson M’Murry. Ejectment for a tract of land. The title was originally in Ephraim Blaine, deceased, who, by his last will and testament, dated the 11th of February 1800, and proved the 19th of March 1804, after giving certain specific bequests and devises of his estate, thus disposes of the residue: “All the residue of my estate, real and personal, I order to be sold by my executors herein to be named, or by the survivor of them, and I do hereby empower them, or the survivor of them, to convey the same in…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first and second errors assigned will be considered together, as they relate to the question, whether James Blaine had such an interest or estate in the land in controversy as was liable to be taken in execution, and sold under a judgment against him in his own right? It is admitted, that whatever interest or estate he had in the land, he derived it from the will of his father, Colonel Ephraim Blaine, which contains the following clause, to wit: “ All the residue of my estate, real and personal, I order to be sold by my executors herein…
2Cases cited1 opinion
- Penn v. HamiltonSupreme Court of Pennsylvania · 1833
3Cited by11 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Oliver's AppealSupreme Court of Pennsylvania · 1882
- Steel v. HenrySupreme Court of Pennsylvania · 1840
- Hall v. BoydSupreme Court of Pennsylvania · 1847
- Buehler's Heirs v. BuffingtonSupreme Court of Pennsylvania · 1862
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