Legal Opinion

Lessee of Willis v. Row

Supreme Court of Pennsylvania

Decided April 15, 1803PublishedCited by 2 opinions

Ejectment for lands in Newberry township. The lessor of the plaintiff made title as heir at common law in tail, under the last will of his grandfather, Henry Willis, through his father William Willis. The said William Willis, on the 2d April 1796, sold and conveyed the premises to the defendant’s landlords, in consideration of 900I. without having suffered a common recovery, and died insolvent.

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Ejectment for lands in Newberry township. The lessor of the plaintiff made title as heir at common law in tail, under the last will of his grandfather, Henry Willis, through his father William Willis. The said William Willis, on the 2d April 1796, sold and conveyed the premises to the defendant’s landlords, in consideration of 900I. without having suffered a common recovery, and died insolvent. It was objected, that the lessor of the plaintiff had on the 9th September 1799, applied to the Court of Common Pleas of 1 *Dauphin county, for the benefit of the insolvent act, 5 J with a list of his…

1Opinion of the Court

Sed per cur.

The words of the act are, “every trustee be“fore he acts as such shall give bond,” &c. The insolvent debtor is devested of all his property at the moment of the assignment, though the trustees cannot act until they have executed bonds, under the strict words of the law. We have found it impossible to carry this law into effect in this particular ; and during its continuance we are persuaded, that far the greater number of trustees appointed by the Supreme Court have not given bonds. Few persons will devote their time to the service of others, and give security for that purpose, in…

2Cited by2 opinions

  1. Power v. HollmanSupreme Court of Pennsylvania · 1834
  2. Wickersham v. NicholsonSupreme Court of Pennsylvania · 1826

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