Latshaw v. Shaffer

Citations

• 122 Pa. 142
• 15 A. 676
• 1888 Pa. LEXIS 602

Syllabus

<p>1. Where land purchased is devoted by the owners to a particular use, which use entered into the considération of the contract by which it was created, one of the tenants in common cannot defeat the joint purpose by a writ oí partition, without the consent of the co-tenants : Coleman v. Coleman, 19 Pa. 100, explained and followed.</p> <p>2. Land was purchased by five congregations, composing a ministerial charge in the Evangelical Lutheran Church, for a parsonage for their joint benefit; one congregation could not proceed for partition of the land, without the consent of the other congregations : Brown v. Lutheran Church, 23 Pa. 495, followed.</p> <p>8. Ordinarily, when a deed is made to trustees for a church or other charity, the fee vests at once in the association; for, the trust being raised only for the purpose of taking and passing title, it is immediately executed ; but not so where the trust is active and continuing, as where it is created for the support of a special use.</p>