Legal Opinion

Unangst v. Shortz

Supreme Court of Pennsylvania

Decided April 29, 1840PublishedCited by 4 opinions

IN ERROR. This was a' writ of error to the Court of Common Pleas of Northampton County to remove the record of an action of trespass quare clausum fregit brought by Joseph Unangst and Christian Brown against Abraham. Shortz, Jacob Herman and eleven others! The plaintiffs were the trustees, and the defendants members of a religious society called “ The German Lutheran Congregation of the Dry Lands.”

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IN ERROR. This was a' writ of error to the Court of Common Pleas of Northampton County to remove the record of an action of trespass quare clausum fregit brought by Joseph Unangst and Christian Brown against Abraham. Shortz, Jacob Herman and eleven others! The plaintiffs were the trustees, and the defendants members of a religious society called “ The German Lutheran Congregation of the Dry Lands.” In the year 1788, an agreement’was 'entered into between this congregation and another called “ The German Reformed Congregation of the Dry Landsin which, after reciting that they had together-…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The questions that present themselves on this record for determination, independently of the bills of exception, may be reduced to two. 1st. Whether the defendants have shown a right to break and .enter the church, which is the trespass complained of. 2d. Whether, if they havé not, the plaintiffs can maintain this action.

1. To determine the rights of persons claiming as members of either of the congregations by whom this church was originally erected and endowed, there is no other guide than the articles of agreement of the 5th of June,…

2Cited by4 opinions

  1. Henry v. DeitrichSupreme Court of Pennsylvania · 1877
  2. Manning v. ShoemakerSuperior Court of Pennsylvania · 1898
  3. Skilton v. WebsterPhiladelphia Court of Nisi Prius · 1851
  4. Veech v. Trustees of Trinity Episcopal Church, Pennsylvania Court of Common Pleas, Fayette County1922

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