PENN v. BUTLER
4 U.S. 354 (1801)

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U.S. Supreme Court

PENN v. BUTLER, 4 U.S. 354 (1801)

4 U.S. 354 (Dall.)

Penn
v.
Butler.

Butler
v.
Penn.

Penn
v.
Penn.

Same
v.
Same.

Circuit Court, Pennsylvania District.

May Term, 1801

THESE were bills in equity, involving a great variety of facts respecting the disposition of the estates of the late proprietary family: but the principal object of all of them, was submitted for the opinion of the Court, on the following agreement:

    'It is agreed, that these suits be submitted for the opinion of the Court, upon the following statement of facts, admitted by

    Page 4 U.S. 354, 355

    all the parties, except the fact, that Anthony Butler, for his own accommodation, and without the consent, knowledge, or approbation, of John Penn the elder, took, inter alia, in part payment of certain sales herein after mentioned, certain bonds and mortgages, in the joint names of John Penn the elder, and John Penn the younger, as obligees and mortgagees; which fact, it is agreed, shall be decided by the Court, on evidence to be produced; and that such formal decrees be eventually drawn and entered in each, as will effectuate the opinion which the Court shall pronounce.

    'Case. John Penn the elder, and John Penn the younger, after the act of assembly of Pennsylvania, passed November 27th 1779, entitled 'an act for vesting the estates of the late proprietaries of Pennsylvania in this commonwealth,' remained seised and possessed, as tenants in common, of all their manors, reserved tracts, &c. in Pennsylvania, with power to sell in fee: three-fourth parts being the property of John Penn the younger; and one-fourth part being the property of John Penn the elder. On the 19th of November 1787, John Penn the elder appointed John F. Mifflin his attorney, with power to sell and convey, &c. to receive payment for lands sold either in money or securities; and to substitute any agent or agents. And on the 23d of December 1787, John F. Mifflin substituted Anthony Butler. On the 29th day of June in the year 1787, John Penn the younger, appointed Robert Millegan and John F. Mifflin his attornies, with power to sell, and convey, &c. to receive payment for lands sold, either in money or securities; and to substitute any agent or agents. And on the 29th day of June in the year 1787, Robert Millegan and John F. Mifflin substituted Anthony Butler. John Penn the younger afterwards revoked the power of attorney, which he had granted to Robert Millegan and John F. Mifflin. And on the 29th of April 1788, John Penn the younger appointed the said Anthony Butler his attorney, with powers to sell and convey, and to receive in payment money or securities.
    'By virtue of the several powers above stated, Anthony Butler did, at sundry times, sell several tracts of land, belonging to the said John Penn the elder, and John Penn the younger, as tenants in common, in the proportions aforesaid; and in payment therefor (inter alia) took, for his own accommodation, without the consent, knowledge, or approbation, of the said John Penn the elder, certain bonds and mortgages, in the joint names of John Penn the younger, and John Penn the elder, as obligees and mortgagees. After the time of taking the said bonds and mortgages, to wit, on the 9th of February 1795, John Penn the elder died, leaving Anne Penn and John F. Mifflin executrix and executor of his last will and testame t. [4 U.S. 354, 356]


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