Kennedy v. Fury

[71] 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, (a) Footnotes [(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. [1] Presbyterian Congregation v. Johnston, 6 W. & S. 9; Caldwell v. Lowden, 3 Brewst. 63.