Wilkes-Barre v. Wyoming Historical Soc.

Citations

• 134 Pa. 616
• 26 W.N.C. 297
• 19 A. 809
• 1890 Pa. LEXIS 753

Syllabus

<p>[To be reported.]</p> <p>1. When, to remove doubts as to a borough’s title to and right to dispose of land, a statute has been passed, confirming the title and conferring upon the borough power to sell lots out of the land, a provision therein that, before making any such'sales, the borough shall convey a lot of a certain size to a historical society, is a valid exercise of legislative power.</p> <p>(ia) By § 6, act of April fi, 1870, P. L. 891, the borough of Wilkes-Barre was directed to convey to a historical society a lot fronting not less than 30 feet on a certain street, “for the erection of a hall for the use of said ” society. By resolution reciting the act, the borough council directed the conveyance to the society of land fronting 100 feet on said street, being lots 46, 47, 48 and part of 49.</p> <p>(b) The resolution directed the embodying in the conveyance of a condition that a building be erected by Lhe society within two years. The proper officers executed and delivered to the society a conveyance, reciting the resolution, stating that lot 46 represented the minimum of 30 feet specified in the statute, and subjecting the other lots conveyed therein to the condition prescribed by the resolution:</p> <p>2. The mere statement in the statute that the lot was to be conveyed “ for the erection of a hall,” etc., imposed no condition upon the title directed ■ to be conveyed, and did not make it dependent upon the application of the land by the society to the use expressed: Methodist Church v. Public Ground Co., 103 Pa. 608; and the borough had no authority to do so by the conveyance.</p> <p>3. Tor that reason, and also because, construing the resolution in the light of the interpretation placed upon it by the borough officers in making the deed, there is no essential conflict between the terms of the resolution and those of the deed, the society took an absolute title, in fee-simple, to lot 46, which it could hold, sell and convey, free from any condition wh