Ross v. Barclay
Supreme Court of Pennsylvania
Error to the Common Pleas of Cambria county. This was an action of ejectment instituted in the Court of Common Pleas of Cambria county by Henry Barclay v. James Boss and others, to recover the possession of a large body of land situate in that county. The plaintiff below, Henry Barclay, as the inception of his title, gave in evidence forty-four warrants, dated respectively the 28th of January, 1794, and surveys made in pursuance of the said warrants.
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Error to the Common Pleas of Cambria county. This was an action of ejectment instituted in the Court of Common Pleas of Cambria county by Henry Barclay v. James Boss and others, to recover the possession of a large body of land situate in that county. The plaintiff below, Henry Barclay, as the inception of his title, gave in evidence forty-four warrants, dated respectively the 28th of January, 1794, and surveys made in pursuance of the said warrants. Amongst the said warrants, were three granted in the names of Andrew Gordon, William Barton, and William Brodie, respectively. All these tracts,…
1Opinion of the Court
The opinion of the Court, was delivered by
GIibson, C. J.
It is said by Mr. Jarman, and perhaps every other text-writer on wills, that a devise is a species of conveyance; and that for this reason it is, that after purchased land would not pass by it at the common law; consequently a trust of land created by will is of the same stamp as a trust created by deed. The executors of this will took, not merely a naked power to sell, but the legal title to the land, and on very special trusts. “ I give, devise, and bequeath,” says the testator, “ unto my executors hereinafter named, all and singular…
2Cited by5 opinions
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- Florida Nat. Bank Trust Co. v. BrownSupreme Court of Florida · 1949