Legal Opinion

Burton's Appeal

Supreme Court of Pennsylvania

Decided February 20, 1868PublishedCited by 20 opinions

Appeal from decree of tbe Court of Common Pleas of Philadelphia : In Equity: No. 133, to January Term 1868. On tbe 14tb of October 1865, “ The Ministers, Vestrymen and Churchwardens of tbe German Lutheran Congregation in and near tbe City of Philadelphia,” petitioned tbe court, setting forth ■ that they were owners in fee of certain real estate described in tbe petition, and that they were much in debt, and prayed for a decree, that they might sell tbe real estate, or let it…

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Appeal from decree of tbe Court of Common Pleas of Philadelphia : In Equity: No. 133, to January Term 1868. On tbe 14tb of October 1865, “ The Ministers, Vestrymen and Churchwardens of tbe German Lutheran Congregation in and near tbe City of Philadelphia,” petitioned tbe court, setting forth ■ that they were owners in fee of certain real estate described in tbe petition, and that they were much in debt, and prayed for a decree, that they might sell tbe real estate, or let it on ground-rent, to pay tbe debts of tbe congregation, and for other purposes stated in the petition. Tbe petition was…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

It seems to be proper to obtain a correct view of the nature and capacity of the body known as the German Lutheran congregation, in and near the city of Philadelphia, in order to learn the relation and powers of the corporation created to take charge of its interests and property. This congregation had an existence in the year 1762, and how long before we are not informed. We find it on the 18th of October of that year entering into fundamental articles for its proper organization and government. The first charter of incorporation was granted…

2Cases cited6 opinions

  1. Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
  2. Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
  3. Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
  4. Methodist Church v. RemingtonSupreme Court of Pennsylvania · 1832
  5. Zimmerman v. AndersSupreme Court of Pennsylvania · 1843

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3Cited by20 opinions

  1. Toner's EstateSupreme Court of Pennsylvania · 1918
  2. In MATTER OF CONVEYANCE OF LAND BELONGING TO CITY OF DuBOISSupreme Court of Pennsylvania · 1975
  3. Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
  4. In re John C. Mercer Home for Disabled ClergymenSupreme Court of Pennsylvania · 1894
  5. Myers v. CrickSupreme Court of Pennsylvania · 1921

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