Daly's Lessee v. James
Supreme Court of the United States
Eeeoe to the Circuit Court of Pennsylvania. This was an action of ejectment, brought in the court below, by the plaintiffs in error, to recover the possession of a messuage and lot, in the city of Philadelphia. The special verdict in the case stated, that on the 8th of August 1768, John Bleakley, of Philadelphia, being then in London, made and duly executed his last will, as follows : “In the name of God! Amen.
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Eeeoe to the Circuit Court of Pennsylvania. This was an action of ejectment, brought in the court below, by the plaintiffs in error, to recover the possession of a messuage and lot, in the city of Philadelphia. The special verdict in the case stated, that on the 8th of August 1768, John Bleakley, of Philadelphia, being then in London, made and duly executed his last will, as follows : “In the name of God! Amen. I, John Bleakley, of Philadelphia, Esquire, now in London, and shortly bound to Philadelphia, being in perfect health, and of sound and disposing mind, memory and understanding, and…
1Opinion of the Court
Washington, Justice,
delivered the opinion of the court, and after stating the case, proceeded as follows: — The material question to be decided is, whether the power given to A. Young, his execu*235tors and administrators, to sell the real estate of the testator, was legally-exercised ? If it was not, then the plaintiff in error, who claims under a sale made by the executor of Young, acquired no title under it, and the judgment below is right.
It was contended by the counsel for the defendant, that by the death of Young, as well as of the brothers and sisters of the testator, in the lifetime of…
2Cases cited1 opinion
- Lessee of Smith v. FolwellSupreme Court of Pennsylvania · 1809
3Cited by28 opinions
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
- Cayuga Indian Nation Ex Rel. Patterson v. CuomoDistrict Court, N.D. New York · 1983
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Satterfield v. TateSupreme Court of Georgia · 1909
- The Bank of Alexandria, in Error v. Edward and Francis Dyer, in ErrorSupreme Court of the United States · 1840
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