Birmingham Public School District v. Sharpless

Citations

• 27 Pa. Super. 630
• 1905 Pa. Super. LEXIS 117

Syllabus

<p>Deed — Condition subsequent — Forfeiture—Abandonment—School law — Act of April 11, 1862, P. L. 471.</p> <p>Where land has been conveyed to a school district upon condition that it shall be used for school purposes only with a right of re-entry for condition broken to the grantor, “his heirs or legal representatives if they be so minded and deem the same expedient,” a purchaser at sheriff’s sale of the rights of the grantor who had entered into possession of the property, cannot enforce a forfeiture against the school district where it appears that prior to .the plaintiff’s entry the school board had voted that the school should be moved “temporarily,” to another school house, but that this vote had not been taken.in the manner provided by the Act of April 11, 1862, P. L. 471, and that the removal had not been approved by a portion of the citizens of the district.</p> <p>In an action of ejectment brought in such a case to enforce the rights of a school district to the land, the defendant cannot be permitted to set up as a ground of forfeiture the failure of the district to institute proceedings at an earlier date to eject him. One in possession claiming adversely has no standing to allege that he should have been promptly ejected in order to avoid a breach of the condition of the deed.</p>