Diehl v. Council of Zion Evangelical Lutheran Church

Opinion by

Hirt, J.,

In this proceeding for a declaratory judgment, plaintiff sought to have adjudicated the question of her right to pay off a mortgage against her land held by defendant, and to compel its satisfaction of record. The lower court decided the' question ¿gainst her and dismissed her petition. The order will be reversed.

John Rung died in 1877 seized of a farm of 360 acres in Huntingdon County.' In his will' he provided for the sale of this land by his executors. Of the proceeds of sale he directed the following distribution to be made to the defendant: “The snm of Two Thousand…