3 U.S. 486 (1798)

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U.S. Supreme Court

MCKEE'S LESSEE v. PFOUT, 3 U.S. 486 (1798)

3 U.S. 486 (Dall.)

M'Kee Lessee

Supreme Court of Pennsylvania

December Term, 1798

This was an ejectment tried at the Nisi Prius for Dauphin county in October 1795, when a verdict was given for the Lessor of the Plaintiff, subject to the opinion of the Court, on a case, stating the following facts.

On the third of January 1794, a warrant had issued for the lands described in the declaration i favor of James Chambers; who, on the 6th of January 1758, made his will, and, inter alia, devised, 'that all his estate, after payment of his debts, be equally divided between his wife Sarah, and his children Rowland, Ann, Sarah, James, Elizabeth, Benjamin, and Joseph, each one eighth part.' The Lessor of the Plaintiff claimed one eighth part of the premises under the testator's daughter Ann, who had intermarried, twenty years ago, with Oliver Ramsay, by whom she had issue, and died. Before her death, however, on the 22nd of October 1779, she had joined with some of the other devisees, in conveying their respective shares in the estate, for a valuable consideration, to Andrew Strout, the real Defendant; but, at the time of executing the conveyance (touching which, she was separately examined by a Judge of Dauphin county) she had been driven away by her husband, and lived separate from him; a fact with which the Lessor of the Plaintiff was well acquainted. On the 1st of October 1785, Oliver Ramsay (who is still living) executed an indenture between him and the Lessor of the Plaintiff, wherein it is set forth, 'that the said Oliver hath granted, bargained, sold, aliened, released, enfeoffed and confirmed, and doth grant, bargain, sell, alien, release, enfeoff and confirm, unto Robert M'Kee, in his actual possession now being, by virtue of a bargain and sale to him made, by the said Oliver, as these presents, and by virtue of the statute, for transferring uses into possession, and to his heirs and assigns, my undivided part and respective share and purparts of him the said Oliver Ramsay, of, in and to that certain piece or tract of land, before described, with all and singular ways &c. and reversions and remainders.

Page 3 U.S. 486, 487

and also all the estate, right, title, interest, claim and demand, whether at law or in equity, of him the said Oliver, of, in and to the same, to have and to hold the said respective share and purpart, of in and to the said plantation, and tract of land, hereditaments, and premises, hereby granted, mentioned or intended to be, with the appurtenances, unto the said Robert M'Kee, To the only proper use, benefit and behoof of them the said Robert M'Kee, his heirs, and assigns forever. And the said Oliver Ramsay for himself, his heirs, executors and administrators, not jointly, do covenant, promise, and grant to and with the said Robert M'Kee, his heirs and assigns. That he said Oliver Ramsay, hath not done or committed any act, matter, deed, or thing whatsoever, whereby or wherewith his said and respective share and purpart of, in, and to the said piece or tract of land, hereditaments, and premises, are or shall or may be impeached, charged or incumbered, in title, charge, estate, or otherwise howsoever. And the said Oliver, for himself, his heirs, executors, and administrators, not jointly, do covenant, promise, and grant, to and with the said Robert M'Kee, his heirs and assigns, that the said Oliver, his heirs, executors and administrators, his share and purpart, of him the said Oliver Ramsay, of, in, and to, the piece or tract of land aforesaid, hereditaments and premises, against them, their, and each and every of his heirs and assigns, and all and every person and persons whatsoever, lawfully claiming, or to claim by from or under him, or either of them, his or any of his heirs or assigns shall, and will warrant, and forever defend by these presents. And that said Oliver, and his heirs, not jointly, do further covenant, promise, and grant, to and with the said Robert, that they, him, her, or any of them, shall and will, at any time or times hereafter, at and upon the reasonable request, proper costs and charges, in law, of the said Robert M'Kee, his heirs or assigns, make, execute and acknowledge, or cause so to be, all, and every such further and other reasonable act or acts, deed or deeds, device or devices, in the law whatsoever, either by fine or recovery, or otherwise howsoever, for the further and better conveyance, assurance and confirmation of his respective share and purpart of him the said Oliver, of in and to the said piece or tract of land aforesaid, hereditaments, and premises, unto the said Robert, his heirs, and assigns, as by him or them, or his or their counsel learned in the law, shall be reasonably advised, devised, or required.'

There is no consideration mentioned in this deed; but there was a separate receipt for L.60, given by Oliver Ramsay to [3 U.S. 486, 488]

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