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BARNITZ'S LESSEE v. CASEY

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11 U.S. 456 (1813)

7 Cranch 456

3 L.Ed. 403

BARNITZ'S LESSEE, v. ROBERT CASEY.

Supreme Court of United States.

March 11, 1813.

Attorney(s) appearing for the Case

HARPER, for Plaintiff in error.

MARTIN and PINKNEY, Attorney General, contra.

HARPER, in reply.

The Court having taken time since last term to advise,

STORY, J. (after stating the facts of the case,) delivered the opinion of the Court as follows:

It is true, that the general rule is, that an heir shall not take by devise, when he may take the same estate in the land by descent. 1 Roll. Abr. 626. l. 30. Hob. 30. 1 Salk. 242. 1 Bl. Rep. 22.

But it is not denied that all the estates which each of the grandsons derived under the will, were estates by purchase...

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