Legal Opinion

Appeal of Gumbert

Supreme Court of Pennsylvania

Decided October 26, 1885PublishedCited by 14 opinions

Appeal from a decree of the Court of Common Pleas of Westmoreland county : Of October and November Term 1885, No. 175. This was, in the court below, a petition by’ John Gumbert, et al., to set aside and rescind a decree of said court ordering the sale of “ The Old Brick Church,” situate in the township of Allegheny.

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Appeal from a decree of the Court of Common Pleas of Westmoreland county : Of October and November Term 1885, No. 175. This was, in the court below, a petition by’ John Gumbert, et al., to set aside and rescind a decree of said court ordering the sale of “ The Old Brick Church,” situate in the township of Allegheny. Upon this petition a rule was granted upon Jacob Kepple, the trustee who made the sale, and upon Daniel Kepple et al., the petitioners for the said sale, and also upon the Pleasant Hill Cemetery Association, the purchaser of said old brick church and grounds. The respondents filed…

1Opinion of the CourtJustice Gordon

On the 4th of July, 1817, Daniel Frantz, for the nominal consideration of two dollars, executed a deed to the Presbyterian and Lutheran societies, in which the purpose of the grant is stated as follows: “ And the above mentioned societies to have and to hold said piece of land for the only use and purpose of a church and churchyard and burying place and for supplies of the gospel, against me, the said Daniel Frantz, my heirs and assigns forever, except the rights of privileges above mentioned, whereto said piece of land is appropriated only.” It is very clear that the grant above recited, is…

2Cited by14 opinions

  1. Laureldale Cemetery Co. v. Reading Co.Supreme Court of Pennsylvania · 1931
  2. Jenkins v. Jenkins UniversityWashington Supreme Court · 1897
  3. Kitchen v. WilkinsonSuperior Court of Pennsylvania · 1904
  4. Mt. Calvary Methodist Protestant Church TrusteesSupreme Court of Pennsylvania · 1922
  5. Congregation Shaarai Shomayim v. MossSuperior Court of Pennsylvania · 1903

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