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Legal Opinion

Kennedy v. Fury

Supreme Court of the United States

Decided April 1, 1783PublishedCited by 6 opinions

A CONVEYANCE was made to A. in trust for B. and B. brought an ejectment on his own demise. Blair contended that the demise ought to have been laid in the name of A. in-as-much as the legal estate was in him.

1Opinion of the Court

But by

Atlee Justice, (M'Kean C. J. being absent)

the demise by B. is well enough. We have no Court of Equity here; and, therefore, unless the cestui que trust could bring an ejectment in his own name, he would be without remedy, in the case of an obstinate trustee.

2Cited by6 opinions

  1. Lessee of Simpson v. AmmonsSupreme Court of Pennsylvania · 1806
  2. Pipher v. LodgeSupreme Court of Pennsylvania · 1827
  3. Bixler v. KunkleSupreme Court of Pennsylvania · 1828
  4. Lessee of Crunkelton v. EvertSupreme Court of Pennsylvania · 1803
  5. Lessee of Frazer v. HallowellSupreme Court of Pennsylvania · 1805

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