Lazarus v. Morris
Supreme Court of Pennsylvania
Appeal, No. 193, Jan. T., 1904, by defendant, from order of C. P. Luzerne Co., Oct. T., 1902, No. 809, dismissing exceptions to report of referee in case of George Lazarus et al. v. Michael W. Morris. Ejectment for land in Hanover Township. Exceptions to report of Felix Ansart, Esq., referee. The facts are stated in the opinion of the Supreme Court. The referee reported in favor of the plaintiff. Exceptions to referee’s report were dismissed by the court.
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Appeal, No. 193, Jan. T., 1904, by defendant, from order of C. P. Luzerne Co., Oct. T., 1902, No. 809, dismissing exceptions to report of referee in case of George Lazarus et al. v. Michael W. Morris. Ejectment for land in Hanover Township. Exceptions to report of Felix Ansart, Esq., referee. The facts are stated in the opinion of the Supreme Court. The referee reported in favor of the plaintiff. Exceptions to referee’s report were dismissed by the court. Error assigned was in dismissing exceptions to report of referee.
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
While the appellant has specified thirty-one assignments of error, it is only necessary to discuss one proposition of law in order to dispose of this case. If the school district of Hanover township acquired by condemnation proceedings.under the Act of April 9, 1867, P. L. 51, an estate in fee simple to the land discribedin the writ of ejectment, the contention of the appellant must be sustained. If it only acquired the use and occupancy thereof for school purposes, now abandoned, the case must be affirmed.
The only title claimed by the appellant is that conveyed to…
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