Legal Opinion

Mountville Borough

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 87PublishedCited by 4 opinions

Appeal, No. 87, Oct. T., 1905, by-John Pennypacker et al., from order of Q. S. Lancaster Co., April T., 1904, No. 506, incorporating a borough In re Incorporation of Mountville Borough. Petition for the incorporation of a borough. Before Hassler, J. The opinion of the Superior Court states the case.

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Appeal, No. 87, Oct. T., 1905, by-John Pennypacker et al., from order of Q. S. Lancaster Co., April T., 1904, No. 506, incorporating a borough In re Incorporation of Mountville Borough. Petition for the incorporation of a borough. Before Hassler, J. The opinion of the Superior Court states the case. Errors assigned were in the following form: 1. The court erred in refusing to exclude the names of- William Schuster, Frank Smith, H. B. Immel, John E. Dirk, T. S. Shookers and C. H. Rohrer from the number of signers of the petition for incorporation — the persons named having withdrawn their…

1Opinion of the Court

Opinion by

Beaver, J.,

Who is a freeholder within the meaning of the second section of the Act of April 1, 1834, P. L. 163, which relates to the incorporation of boroughs ? If the answer to this question made by the court below is correct, it practically disposes of the case.

A distinction is made between an estate of freehold in deed and such an estate in law : “ Freehold in deed is the real possession of land or tenements in fee, fee-tail or for life. Freehold in law is the right to such tenements before entry: ” 1 Bouv. L. Dict., Rawle’s edition, 693.

It was absolutely necessary, in order that…

2Cases cited1 opinion

  1. Clippinger v. CrepsSupreme Court of Pennsylvania · 1833

3Cited by4 opinions

  1. In Re Annexation of a Portion of AbingtonSuperior Court of Pennsylvania · 1930
  2. Payne v. Fiscal CourtCourt of Appeals of Kentucky · 1923
  3. In Re Incorporation of the Borough of Treasure LakeCommonwealth Court of Pennsylvania · 2010
  4. Timinski v. Meskinis, Pennsylvania Court of Common Pleas, Luzerne County1931

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