Kesselman's Lessee v. Old

Supreme Court of Pennsylvania

Kesselman's Lessee v. Old

4 U.S. 145

DecidedDecember 15, 1799

StatusPublished

This text of 4 U.S. 145 (Kesselman's Lessee v. Old) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kesselman's Lessee v. Old, 4 U.S. 145 (1799).

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Opinion

By the statute of 4 Anne, c. 16, § 21, it is enacted, that “ all collateral warranties, which shall bo made after the first day of Trinity term, of any lands, .tenements or hereditaments, by any ancestor, who has no estate of inheritance in possession in the same, shall be void against his heir.”

In the present ejectment, the point was, whether the plaintiff was [146]*146estopped by a collateral warranty of Ms ancestor, who had no estate of inheritance, in possession, of the premises ?

After argument, and taking time to deliberate, the opinion of The Court was delivered by Shippen, Chief Justice, that there was no trace of the extension of the statute of the 4 Anne, c. 16, to Pennsylvania, by legislative oni authority, or judicial practice; and ^‘consequently, that the collateral -* warranty of the ancestor operated as an estoppel to his heir, the plaintiff.¹

Judgment, for the defendant.

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By the statute of 4 Anne, c. 16, § 21, it is enacted, that “ all collateral warranties, which shall bo made after the first day of Trinity term, of any lands, .tenements or hereditaments, by any ancestor, who has no estate of inheritance in possession in the same, shall be void against his heir.”

In the present ejectment, the point was, whether the plaintiff was [146]*146estopped by a collateral warranty of Ms ancestor, who had no estate of inheritance, in possession, of the premises ?

After argument, and taking time to deliberate, the opinion of The Court was delivered by Shippen, Chief Justice, that there was no trace of the extension of the statute of the 4 Anne, c. 16, to Pennsylvania, by legislative oni authority, or judicial practice; and ^‘consequently, that the collateral -* warranty of the ancestor operated as an estoppel to his heir, the plaintiff.¹

Judgment, for the defendant.

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Bluebook (online)

4 U.S. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kesselmans-lessee-v-old-pa-1799.