Brown v. Hummel
Supreme Court of Pennsylvania
In error to tbe Court of Common Pleas .of Dauphin county. June 25. This was an action of ejectment, for five farms, a grist-mill, saw-mill, &c., containing in the whole 900 acres, and also a number of lots in the borough of Middletown, brought by David Hummel, William Dock, Jacob Seiler, and Jacob Reel, trustees of the “ Emaus Orphan-house,” against Dr. Mercer Brown, late principal, and Benjamin Jordan, John Pricer, and Daniel Kendig, late trustees of the “ Emaus Orphans’…
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In error to tbe Court of Common Pleas .of Dauphin county. June 25. This was an action of ejectment, for five farms, a grist-mill, saw-mill, &c., containing in the whole 900 acres, and also a number of lots in the borough of Middletown, brought by David Hummel, William Dock, Jacob Seiler, and Jacob Reel, trustees of the “ Emaus Orphan-house,” against Dr. Mercer Brown, late principal, and Benjamin Jordan, John Pricer, and Daniel Kendig, late trustees of the “ Emaus Orphans’ House,” the plaintiffs in error, who were defendants below. A case was stated in the nature of a special verdict, for the…
1Opinion of the Court
Coulter, J..(after stating the' case.): — Before I proceed to examine the question involved in this case, I deem it proper to state, first, that if the defendants, by nonuser or misuser of their corporate functions, had forfeited their offices, ample remedy was, afforded by due course of law, in which all parties would have had an opportunity of being heard. The courts of the Commonwealth have ample power to afford redress and remedy, considering them either as corporators or trustees. Secondly, The act of 1846 makes important alterations in the will of the testator. Thus, the will provides…
2Cases cited1 opinion
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
3Cited by27 opinions
- Catherwood TrustSupreme Court of Pennsylvania · 1961
- Crawford EstateSupreme Court of Pennsylvania · 1949
- Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
- Girard Will CaseSupreme Court of Pennsylvania · 1956
- Toland v. StrohlSupreme Court of Colorado · 1961
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