McLain v. School Directors
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county. In the court below this was an action of ejectment by the School Directors -of White township, Indiana county, against James McLain and Samuel McMullen, for half an acre of land in said township, with school-house thereon. In 1847 or 1848 the citizens in the vicinity of the premises wanting a school-house, and the directors hesitating, the neighbours agreed to contribute by private subscription.
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Error to the Court of Common Pleas of Indiana county. In the court below this was an action of ejectment by the School Directors -of White township, Indiana county, against James McLain and Samuel McMullen, for half an acre of land in said township, with school-house thereon. In 1847 or 1848 the citizens in the vicinity of the premises wanting a school-house, and the directors hesitating, the neighbours agreed to contribute by private subscription. McLain, the defendant, and John Dougherty owning adjoining land, each agreed to give one-half of the land. It was afterwards agreed by McLain that…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The principles which rule this case were settled in Martin v. McCord, 5 Watts 493 ; School Directors v. Dunkleberger, 6 Barr 29 ; and Beaver v. Filson, 8 Id. 327: and recognised in Morrison v. Baire, 2 W. & S. 81; Kirk v. King, 3 Barr 436 ; Wright v. Linn, 9 Id. 433 ; McKissick v. Pickle, 4 Harris 140 ; and Price v. Maxwell, 4 Casey 23.
When an owner of ground devotes it to a charity, public in its nature, and permits those to whom he commits control to improve it for the object of the dedication, giving to it his consent and countenance, and…
2Cases cited2 opinions
- Martin v. M'CordSupreme Court of Pennsylvania · 1836
- Morrison v. BeirerSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Kimberly's EstateSupreme Court of Pennsylvania · 1915
- Chester Housing Authority v. BitterSupreme Court of Pennsylvania · 1942
- Commonwealth v. First National Bank, Pennsylvania Court of Common Pleas, Montour County1943