Legal Opinion

Vaughan v. Barclay

Supreme Court of Pennsylvania

Decided April 3, 1841PublishedCited by 10 opinions

This was a suit in equity, instituted by John Vaughan, Robert Porter, James Dundas, Henry Nixon and Benjamin Kugler, as managers of “ The North American Land Company,” against John M. Barclay.

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This was a suit in equity, instituted by John Vaughan, Robert Porter, James Dundas, Henry Nixon and Benjamin Kugler, as managers of “ The North American Land Company,” against John M. Barclay. The bill set forth, that by certain articles of agreement, dated the 20th of February, 1795, between Robert Morris, John Nicholson, James Greenleaf, and those who should become purchasers of shares in the North American Land Company, an association was formed, styled the North American Land Company. That the stock of the said company consisted of six millions of acres of land in Pennsylvania, Virginia,…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.—All

the unconfessed parts of the bill are directly proved but the acceptance of the trust by the respondent’s ancestor. To supplythe evidence of that, recourse is had to the doctrine of implied acceptance, which, however, is applicable only to a conveyance of the beneficial interest, and not to the conveyance of a dry title loaded with a trust. But is not presumptive evidence of acceptances afforded, in this instance, by the circumstances and nature of the case? The deed to the original.trustees was executed in 1795, and Mr. Barclay, being…

2Cited by10 opinions

  1. Texas & Pacific Railway Co. v. GayTexas Supreme Court · 1894
  2. Northern Indiana Railroad Co. v. MICHIGAN CENT. RD. CO.Supreme Court of the United States · 1854
  3. Cohn v. Weiss Et Ux.Supreme Court of Pennsylvania · 1947
  4. Lindley v. O'ReillySupreme Court of New Jersey · 1888
  5. Dickson v. LoehrWisconsin Supreme Court · 1906

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