Birmingham Public School District v. Sharpless
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1904, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1903, No. 33, on verdict for defendant in case of Birmingham Public School District v. Benjamin Sharpless. Ejectment for ground in Birmingham Township. Before Hemphill, P. J. At the trial it appeared that in 1842, Enos Painter conveyed the land in question to a school district in fee “ for the establishment of common schools.”
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Appeal, No. 111, Oct. T., 1904, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1903, No. 33, on verdict for defendant in case of Birmingham Public School District v. Benjamin Sharpless. Ejectment for ground in Birmingham Township. Before Hemphill, P. J. At the trial it appeared that in 1842, Enos Painter conveyed the land in question to a school district in fee “ for the establishment of common schools.” Other facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The deed from Enos Painter to James Bailey and others vested in the grantees an estate in fee, upon condition, however, that “ if at any time hereafter the said premises hereby granted shall be used or occupied for any other purpose whatsoever than those for which the same are now intended to be granted, the said Enos Painter, as aforesaid, or his heirs or legal representatives, shall, if they be so minded and deem the same expedient, have full privilege and authority to enter upon and take possession of the said premises as in their first and former estate in the same…
2Cases cited5 opinions
- McKissick v. PickleSupreme Court of Pennsylvania · 1851
- Dyberry School District v. MercerSupreme Court of Pennsylvania · 1887
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
- Pickle v. McKissickSupreme Court of Pennsylvania · 1853
- Ralston v. WalnSupreme Court of Pennsylvania · 1863
3Cited by1 opinion
- Beaver Township School District v. BurdickSuperior Court of Pennsylvania · 1912