Supreme Court of Pennsylvania, 1783

Kennedy v. Fury

Kennedy v. Fury
Supreme Court of Pennsylvania · Decided April 15, 1783 · Atlee
1 U.S. 72 (United States Reports)

Kennedy v. Fury

Opinion of the Court

*71But 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, (a)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.