Congregation Shaarai Shomayim v. Moss
Superior Court of Pennsylvania
Appeal, No. 183, Oct. T., 1902, by defendant, from judgment of C. P. Lancaster Co., May T,, 1902, No. 59, on case stated in suit on Congregation Shaarai Shomayim v. S. R. Moss. Case stated to determine title to land.
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Appeal, No. 183, Oct. T., 1902, by defendant, from judgment of C. P. Lancaster Co., May T,, 1902, No. 59, on case stated in suit on Congregation Shaarai Shomayim v. S. R. Moss. Case stated to determine title to land. The case stated was as follows: And now, May 7, 1902, it is hereby agreed by and between the parties, plaintiff and defendant above mentioned, that the following case be stated for the opinion of the court in the nature of a special verdict: 1. That on February 3,1747, Thomas Cookson and Margaret, his wife, conveyed to Isaac Nunez Ricus and Joseph Simons, their heirs and assigns,…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The cemetery lot in question was part of a tract of land which was, by deed dated February 3, 1747, conveyed by Thomas Cookson and wife to Isaac Nunez Rickus and Joseph Simons, their heirs and assigns, “ forever in trust for the Society of Jews, settled in and about Lancaster, to have and use the same as a burying ground.” The consideration mentioned in the deed was the sum of six pounds, and the presumption is that the land was sold and conveyed for its full value. The *360estate which passed under this grant was a fee simple, not a base fee, subject to a condition,…
2Cases cited12 opinions
- Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
- First Methodist Episcopal Church v. Old Columbia Public Ground Co.Supreme Court of Pennsylvania · 1883
- Brendle v. German Reformed CongregationSupreme Court of Pennsylvania · 1859
- Appeal of GumbertSupreme Court of Pennsylvania · 1885
- Estate of SmithSupreme Court of Pennsylvania · 1897
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