W. Roger Simpson, W. Hensel Brown, Lancaster, for appellants.
Richard M. Martin, William C. Storb, Lancaster, for appellee.
Before Hirt, Acting P. J., and Ross, Wright and Ervin, JJ.
[ 175 Pa. Super. Page 416]
We are here concerned with appeals from two decrees of the Court of Common Pleas of Lancaster County sustaining preliminary objections to complaints in actions to quiet title under the provisions of Pa. R.C.P. 1061(b)(2), 12 P.S. Appendix, and entering judgments in favor of the Manheim Central School District. Only the Graybill case was argued, and it has been agreed by counsel that our decision in the Graybill case shall also control the Reimer case. The factual situation and the respective legal contentions appear in the following excerpt from the opinion of President Judge Schaeffer of the court below:
'Peter Longenecker and Elizabeth Longenecker, his wife, granted and conveyed to Mathias Hoffer, President of the Board of School Directors of Penn Township
[ 175 Pa. Super. Page 417]
School District, a tract of land containing 57 perches situated in Penn Township, Lancaster County, Pennsylvania, by deed dated March 17, 1853, and recorded December 16, 1925, in the Recorder's Office of Lancaster County in Deed Book K, Volume 27, Page 138, for the consideration of $28.50. The deed contained the following provisions:
'To Have and To Hold the said above described Fifty-seven perches of Land Neat Measure Hereditaments and Premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Mathias Hoffer his successors in office and Assigns, To and For the only proper use and behoof of the said Mathias Hoffer his successors in office his and their and Assigns forever. Provided always nevertheless that whenever at any time hereafter the said above sold premises shall be no longer required for the Establishment and support of Common schools Under the Common schools system or any other school for the instruction of Youth their and in that case only the same to revert to the then Owner or Owners of the Plantation and lands from which the same was taken on him her or them paying the amount of purchase Money herein mentioned but to lay no claim to any Buildings or Fixture thereon Erected and being if he she or them will Except thereof on said conditions and in case of refusal then the same may be sold to any other person or persons for any other use.'
'It is agreed that the word 'their' in the above provision in the phrase 'for the instruction of Youth their and in that case' shall be construed as the word 'then'. Likewise, it is agreed that the word 'except' in the phrase 'if he she or them will except thereof' shall be construed as 'accept'.
'The defendant, Manheim Central School District, is the successor in interest to the Penn Township School District by virtue of ...