Kirk v. King
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. Sept. 9. This was an action of trespass quare clausum fregit, brought by H. D. King, William M. Davidson, Hugh Davidson, William McJunkin, T. McJunkin, J. Turner, James King, John King, William Armstrong, D. Coon, William Martin, John Cowan, and H. M. Bryan, composing the Plum Creek School Company, the defendants in error, who were plaintiffs below, against James Kirk, the plaintiff in error, for breaking and entering the…
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Error to the District Court of Allegheny county. Sept. 9. This was an action of trespass quare clausum fregit, brought by H. D. King, William M. Davidson, Hugh Davidson, William McJunkin, T. McJunkin, J. Turner, James King, John King, William Armstrong, D. Coon, William Martin, John Cowan, and H. M. Bryan, composing the Plum Creek School Company, the defendants in error, who were plaintiffs below, against James Kirk, the plaintiff in error, for breaking and entering the close of the plaintiffs, and removing a school-house thereon erected, &c. The defendant pleaded not guilty, and liberum…
1Opinion of the CourtGibson, C. J.
McElroy’s conveyance “to the "employers of the school at Plum Creek,” being to an unincorporated association, was void at law for want of a grantee capable of taking; *441and the legal title remained in the grantor, subject to the uses declared in the deed. Such is the principle of Morrison v. Beirer, 2 Watts & Serg. 81. For whom then did he hold it? Not for the public at large; for the school was to be kept for thé neighbours, and it was not therefore dedicated in the broadest sense to public use. His successor, the defendant, is entitled, by force of his legal title, to hold the possession…
2Cases cited2 opinions
- Martin v. M'CordSupreme Court of Pennsylvania · 1836
- Morrison v. BeirerSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- London v. KingsleySupreme Court of Pennsylvania · 1951
- Jones v. Alpine Investments, Inc.Supreme Court of Oklahoma · 1987
- Beaver Township School District v. BurdickSuperior Court of Pennsylvania · 1912
- Borough of Bristol v. Bristol Borough School District, Pennsylvania Court of Common Pleas, Bucks County1963
- In Re Copps Chapel Methodist Episcopal ChurchOhio Supreme Court · 1929
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