Blanchard v. German Evangelical Protestant Church

Citations

• 256 Pa. 242
• 100 A. 804
• 1917 Pa. LEXIS 595

Syllabus

<p>Beal estate — Title—Marketable title — Lessor and lessee — Be~ ligious corporation — Evidence.</p> <p>1. In an action against a religious corporation for damages for breach of a contract to lease real estate by “a good and valid lease,” binding instructions for the defendant are proper, on the ground that the lease offered was based-upon a marketable title, where it appears that the land proposed to be leased was in the year 1188 granted to trustees for the benefit of two specified church congregations ; that in the year 1812 a union of the churches was effected; that in 1821 said united congregation was incorporated and was subsequently authorized by the legislature to lease part of the premises.</p> <p>2. The fact that the identity of the present congregation with the two originally named depends in part on ancient documents and upon facts existing beyond the memory of any living witness, and further that a third party had asserted in good faith a claim of title against the defendant, with a threat of litigation, are immaterial where under the evidence there is no reasonable doubt either at law or in fact that there is no outstanding title inconsistent with defendant’s.</p>