Chambersburg Borough School District v. Hamilton Township School District

Citations

• 228 Pa. 119
• 77 A. 414
• 1910 Pa. LEXIS 442

Syllabus

<p>Equity — Parties—School law — Borough.</p> <p>1. Where a portion of a township is annexed to a borough and thereafter the borough files a bill in equity against the township, involving title to a school property in the annexed district, it is improper to join with the borough, a resident of the borough living in the annexed district as a party plaintiff (1) because such resident is not a resident of the township, but of the borough, and as such cannot join with the borough to make the bill a taxpayer’s bill as against the township, and (2) because the borough school district authorities have full power in themselves apart from a taxpayer to maintain a bill to enforce its rights in school property.</p> <p>Equity — Ejectment bill — Fraud.</p> <p>2. Equity has no jurisdiction to determine the rights of adverse claimants to land on a mere allegation of fraud as to a link in the chain of title when there is no other complication either as to parties or subject-matter, and where the only question involved is one of disputed title.</p> <p>3. Where land has been taken from a township and annexed to a borough, and the borough claims title to school property in the annexed district by virtue of the annexation proceedings, and it appears that prior to the annexation the school district of the township had conveyed the land to an individual, and thereafter took from him a lease, the borough school district has no standing to maintain a bill in equity where the only ground alleged is that the deed from the township school district to its grantee was fraudulent. In such a case there is an adequate remedy at law, and the bill will be dismissed as an ejectment bill.</p>