Brown v. Lutheran Church
Supreme Court of Pennsylvania
Errur, to the Common Pleas of Union county. This was an action' of partition in the name of George Brown, trustee of the German Reformed Congregation, worshipping in St. Peter’s Church, Kelly township, Union county, v. The Evangelical Lutheran Church and Congregation, worshipping in the same church, and attached to the West Pennsylvania Synod. Plea, non tenent insimul.
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Errur, to the Common Pleas of Union county. This was an action' of partition in the name of George Brown, trustee of the German Reformed Congregation, worshipping in St. Peter’s Church, Kelly township, Union county, v. The Evangelical Lutheran Church and Congregation, worshipping in the same church, and attached to the West Pennsylvania Synod. Plea, non tenent insimul. On the 30th August, 1802, there was conveyed to Christian Zerbe and George Renninger, above seven acres of land, then in White Deer township, now Kelly township, Union county, for the consideration of <£20.14, “in trust to and…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
The first error assigned is, that the Court erred in deciding that the plaintiffs had not such an interest or title in the premises as would sustain partition.
If the plaintiffs’ title rested solely on’the deed of 24th November, 1815, it could not be sustained, for the grantors in that deed were trustees under the deed of 30th August, 1802, to hold the premises in “ trust to and for the use of building or erecting a school-house and a German Lutheran church on the same, and a burying ground,” and although they might assign the trust by force…
2Cited by17 opinions
- Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Lombardo v. DeMarcoSupreme Court of Pennsylvania · 1985
- Laureldale Cemetery Co. v. Reading Co.Supreme Court of Pennsylvania · 1931
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
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