General

Kennedy v. Fury

1 U.S. 721 Dall. 72·Supreme Court of Pennsylvania·1783·PA

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

APRIL TERM, 1783. Kennedy v. Fury. Equitable ejectment. Cestui que trust may maintain ojoctment in his own name, in this state. 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., inasmuch as the legal estate was in him. [MAJORITY — Atlee, Justice] But by Atlee, Justice (McKean, 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, This case is frequently referred to as establishing what is now a well-settled principle. See Crunkelton v. Evert, 3 Yeates 570; Simpson v. Ammons, 1 Binn. 177. Presbyterian Congregation v. Johnston, 6 W. & S. 9; Caldwell v. Lowden, 3 Brewst. 63.