Legal Opinion

Kisor's Appeal

Supreme Court of Pennsylvania

Decided January 3, 1870PublishedCited by 4 opinions

October 20th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Appeal from the decree of the Court of Common Pleas of Forest county: In Equity: No. 117 to October and November Term 1869. To September Term 1867 of the Court of Common Pleas of Forest county, Henry Kleinstiber and others, trustees of “ the German Reformed or Presbyterian Church, known as the Bartholomew Congregation,” situate in Tionesta township, filed against Henry Kisor and Henry Behrns,…

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October 20th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Appeal from the decree of the Court of Common Pleas of Forest county: In Equity: No. 117 to October and November Term 1869. To September Term 1867 of the Court of Common Pleas of Forest county, Henry Kleinstiber and others, trustees of “ the German Reformed or Presbyterian Church, known as the Bartholomew Congregation,” situate in Tionesta township, filed against Henry Kisor and Henry Behrns, trustees of the Lutheran Church of the township aforesaid, a bill in which they' set out— 1. On the 1st of August 1855…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

A congregation, since known as the Bartholomew, existed before the year 1855, composed of members of the German Reformed and Lutheran Churches. By a deed of October *4341st 1855, Sarah Ann Ford conveyed the premises in controversy to trustees — “in trust, for the use of the Presbyterian and Lutheran congregations,-respectively, as at present organized, or hereafter to be organized; with this provision, however, that if either congregation deem it conducive to their interests the above-mentioned property be equitably divided by a committee of…

2Cases cited1 opinion

  1. Thomas v. Ellmaker, Pennsylvania Court of Common Pleas, Philadelphia County1844

3Cited by4 opinions

  1. Bedford Springs Co. v. McMeenSupreme Court of Pennsylvania · 1894
  2. Messinger's AppealSupreme Court of Pennsylvania · 1885
  3. McCullough v. ManningSupreme Court of Pennsylvania · 1890
  4. Pfeifer v. RahiserSuperior Court of Pennsylvania · 1896

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