Supreme Court of Pennsylvania, 1895

Commonwealth, ex rel. Hensel v. Young Men's Christian Ass'n of Warren

Commonwealth, ex rel. Hensel v. Young Men's Christian Ass'n of Warren
Supreme Court of Pennsylvania · Decided May 30, 1895 · Fell, Green, McCollum, Sterrbett, Sterrett, Williams
169 Pa. 24; 32 A. 121; 1895 Pa. LEXIS 1064

Commonwealth, ex rel. Hensel v. Young Men's Christian Ass'n of Warren

Opinion of the Court

Opinion by

Mr. Chief Justice Sterrbett,

All that can be profitably said, in relation to the facts as well as the questions of law involved in this case, will be found in the able and exhaustive opinion of the learned president of the court below. We are fully satisfied as to the correctness of the conclusions, both of law and fact, so far, at least, as they are involved in the decree. We therefore affirm the decree on his opinion and dismiss the appeal at appellant’s costs.

Dissenting Opinion

Williams, J.

I dissent from the judgment in this case. Under the statutes cited the borough of Warren has proprietary as well as municipal control of the lot in controversy and can make a title to the proposed purchaser.

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