KENNEDY v. FURY, 1 U.S. 72 (1783)

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U.S. Supreme Court

KENNEDY v. FURY, 1 U.S. 72 (1783)

1 U.S. 72 (Dall.)

Kennedy
v.
Fury

Supreme Court of Pennsylvania

April Term, 1783

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.

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.[ Kennedy v. Fury 1 U.S. 72 (1783)


U.S. Supreme Court

KENNEDY v. FURY, 1 U.S. 72 (1783)

 1 U.S. 72 (Dall.)

Kennedy
v.
Fury

Supreme Court of Pennsylvania

April Term, 1783

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.

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.[ Kennedy v. Fury 1 U.S. 72 (1783)

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