Greek Catholic Church of St. Michael the Archangel v. Schkodowsky

Citations

• 252 Pa. 597
• 97 A. 932
• 1916 Pa. LEXIS 666

Syllabus

<p>Real property — Ejectment—Defenses—-Insufficiency.</p> <p>1. It is no defense to an action of ejectment brought by a religious corporation for the possession of real property owned by it, that the plaintiff seeks to use the property for purposes not authorized by its charter. If a corporation misapplies its funds or property, the remedy is by bill in equity, mandamus or quo warranto.</p> <p>2. In an action of ejectment brought by a religious corporation for real estate in the possession of an unincorporated association, plaintiff proved a record title to the property, and defendant offered evidence to show that plaintiffs were attempting to divert this property to purposes other than those for which the church was dedicated and organized. Held, the lower court did not err in excluding the evidence and in directing a verdict for plaintiff.</p>