Mulligan v. School District
Supreme Court of Pennsylvania
Appeal, No. 63, Jan. T., 1913, by plaintiff, from judgment of C. P. Luzerne Co., May Term, 1906, No. 62, for plaintiff in case of E. W. Mulligan and James L. Morris, Executors of the Last Will and Testament of Michael W. Morris, deceased, v. the School District of the Township of Hanover. Assumpsit on covenant of general warranty.
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Appeal, No. 63, Jan. T., 1913, by plaintiff, from judgment of C. P. Luzerne Co., May Term, 1906, No. 62, for plaintiff in case of E. W. Mulligan and James L. Morris, Executors of the Last Will and Testament of Michael W. Morris, deceased, v. the School District of the Township of Hanover. Assumpsit on covenant of general warranty. Before Garman, J. By agreement of the parties, the case was referred to P. F. O’Neill, Esq., as referee, who found in favor of the plaintiff, which finding was sustained by the court. The opinion of the Supreme Court states the case. See also Lazarus v. Morris, 212…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
In 1871 the defendant , school district, in the exercise of the power of eminent domain conferred by the Act of *207April 9, 1867, P. L. 51, gained title to and took possession of a certain piece of real estate belonging to the heirs of George Deal; thereafter the Deal heirs conveyed to Thomas Lazarus all their right, title and interest in the property taken by -the school district. In 1896 the premises were permanently abandoned for school purposes and offered for sale. The property was bought by one Michael W. Morris for the sum of $1,000; this amount was paid…
2Cases cited2 opinions
- School District v. FuessSupreme Court of Pennsylvania · 1881
- Lazarus v. MorrisSupreme Court of Pennsylvania · 1905
3Cited by18 opinions
- Gurmankin v. CostanzoCourt of Appeals for the Third Circuit · 1977
- Burger v. Board of School DirectorsSupreme Court of Pennsylvania · 2003
- Carter v. DavisSupreme Court of Oklahoma · 1929
- Commonwealth v. Pittsburgh School DistrictSupreme Court of Pennsylvania · 1941
- Giacomucci v. Southeast Delco School DistrictCommonwealth Court of Pennsylvania · 1999
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