Citation: LLOYD’S LESSEE v. TAYLOR, 1 U.S. 17 (1768)
Background:
The case involved a dispute over land in Philadelphia. Mercy Masters, who was married to Peter Lloyd, conveyed the land to Ralph Asheton in 1727, who then reconveyed it to Peter Lloyd. In 1738, the land was seized and sold to Taylor due to a judgment against Peter Lloyd.
Overview:
The plaintiff, Lloyd’s Lessee, claimed the land as an heir at law to Mercy Lloyd, arguing that Mercy, being a feme covert (a married woman), could not legally convey her estate without an examination by writ. The defendant, Taylor, argued that the land was rightfully his as it was sold to him in execution of the judgment against Peter Lloyd.
Court:
The case was heard by the Supreme Court of Pennsylvania during its April Term in 1768.
Parties to the Case:
Plaintiff: Lloyd’s Lessee (representing the heirs of Mercy Lloyd)
Defendant: Taylor
Judgment:
The court ruled in favor of the defendant, Taylor. The court charged the jury based on the maxim “Communis error facit jus” (common error makes law), indicating that the long-standing practice of allowing feme covert to convey estates without an examination by writ should be upheld to avoid disturbing many valuable estates held under such titles. The jury found in favor of Taylor
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