
    The Trustees of the University of Pennsylvania against the Commonwealth.
    The trustees of the university are entitled to a compensation for lands and ground rents reserved to them, or bought by their agents, in case of eviction, under the act of 29th March 1779.
    Certain inquisitions, founded on writs of this court, were returned by the sheriff, valuing certain confiscated real estates and ground rents, which had before been vested by law in the plaintiffs, and of which they were afterwards evicted or dispossessed.
    Mr. Ingersoll attorney general, objected to the confirmation thereof. He contended that the trustees could not be considered as purchasers, under the 9th section of the act of 29th March 1779. The word “purchase,” as applied to the university, could not be contradistinguished from “ descent,” for by the latter title they could not take. It must be intended, that it was used by the legislature in a vulgar sense, the buying of land for a valuable consideration; 2 Bl. Com. 241; and as the titles flowed from the bounty of the state, it was not bound to indemnify them in case of losses.
    MEMORANDUM.
    Died, at his seat near Erankfort, in the vacation, on the 23d August 1795, William Bradford, esq. late one of the judges of this court, and attorney general of the United States, cetatis sties 41. His social virtues, affability and extensive knowledge, endeared him to his friends in a peculiar manner; his premature death was generally lamented as a public loss.
   *M’Kean C. J.

declined giving an opinion, being i-^qo L one of the trustees of the university, virtute officii.

Shippen J.

absente.

Per Yeates and Smith, Justices. It is a virtual purchase by the trustees. In most of the instances before the court, the trustees have, by their agents, bid for the property, which they have since been dispossessed of. They actually bought, though the consideration money was not demanded of them, on principles of public policy, sanctified by law. The introductory words of the 2d section of the act of 22d September 1785, expressly stiles them- purchasers, and the 4th section vests them with the title. On these sales there can be no difficulty or doubt whatever.

As to the real estates and ground rents, reserved by the Supreme Executive Council, and afterwards approved óf and confirmed by the general assembly, they fall exactly within the same reason, and being evicted by titles paramount, the trustees are entitled to a compensation. It was expressly stipulated by the act of 27th November 1779, § 5, that a yearly income of 1500I. should be reserved to them. The good faith and honour of government can only be preserved by a virtuous fulfilment of this engagement. Nor can we see any reason for supposing the legislature meant to use the word ‘ ‘ purchase ’ ’ in the vulgar, and not in the legal and appropriate sense of the term.

Inquisitions confirmed.  