The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-19
THE SCRANTON rR1BuNNrn---5TrUInsDAY MORNING. NOVEMBER 10. 1898.
THE TITLE IS NOT CLEAR.
Action II Equity Begun by bishop O'Hara
for Polish Congregation.

Rt. Rev. william O'Hara. bishop Of
the diocese OF Scranton, yesterday be-
gan an action In equity against Rev. A.
Snlgurski, trustee in trust for the Po-
lish congregation of the Church of the
Sacred Heart, of Jesus and Mary. In
this city. The action is for the purpose
Of clearing the title of the church prop
erty of the Polish Catholic congregation
on Prospect avenu South Side. which
was brought when Rev. Father Snigurs-
XII was pastor some years ago The bill
Of complaint recites the following
facts:
THAT the PLAINTIFF resides in the city
Of Scranton, Is a citizen thereof and Is
bishop of the diocese Of Scranton. The
said A. Snigurski. defendant, was for
merly n resident of the city Of Scranton,
but his residence or whereabouts is not
now known to your orator. Thai about
three years ago A.. ieIt the
city of Scranton and the United States
and went to Brazil. South America.
Whether he Is now i'm Brazil or not your
orator Is not advised. The Polish con
gregation of the Church of the Sacred
Heart of Jesus and Mary is an unincor-
pOrated association, the members Of
which are unknown to your orator eX-
cept as the Polish congregation Of the
Church of the Sacred Heart Of Jesus
and Mary.
Bought II in First.
THAT A.. Snigurski. in the year 1886,
was pastor of the Church of the sacred
Heart of Jesus and Mary, and as pastor
on} Dct.~ 70, 1886, purchased OF ].
Matthias Hamm and wife, In trust for
the Polish congregation of the Church
of the Sacred Heart of Jesus and Mary,
lot No. s, block 90. on Prospect avenue.
in the city of Scranton, said lot being
forty feet front and rear and 140 feet
deep.
THAT the defendant took title to said
real estate for the purpose of trans
ferring the title to the plaintiff. the said
William O'Hara. bishop of the diocese
of Scranton, to be held in trust by him
for the said Polish congregation Of the
Church of the Sacred Heart of Jesus
and Mary and for no other purpose
whatever, and in pursuance Of such in
tention and purpose the said A: Sni-
gurski, on Nov. G, 1886, decided and con
veyed the said lot and premises to the
plaintiff, william O'Hara, bishop of the
diocese of Scranton, by deed dated
Nov. G., 1856. recorded Nov. II, 1886.
THAT said deed by ]. Matthias
Hamm and wife to the said A. Snigurs-
XII, defendant, was not only q convey
ance of said lot and premises to the de-
PENDANT, A. Snigurski, In trust for the
Polish congregation of the Church of
the Sacred Heart of Jesus and Mary,
but also to the heirs and assigns Of the
said A. Snigurski. In conveying said
lot and premises to your orator h deed
by mistake and inadvertance Of the
s%crivener who prepared It, and O n
trary to the intention of the parties
thereto, was made by said A. Snigurski
as an individual and not as trustee for
the Polish congregation of the Church
of the Sacred Heart of Jesus and Mary.
Cloud Rests on tho Title.
by reason of the conveyance by ].
Matthias Hamm and wife to tho de-
PENDANT, A. S%nigurski, in trust for the
Polish congregation of the Church OF
the Sacred Heart Of Jesus and Mary
and to his heirs and assigns and by rea-
son Of the conveyance by the defend
ant, A. Snigurski, to your orator with
out setting forth the fact that he held
said lot or piece of land only In trust as
aforesaid, a cloud rests upon the title.
This lot was paid for with the money
of the congregation of the Church of
the Sacred Heart of Jesus and Mary.
raised by them and furnished to the
pastor for that purpose.
your orator prays the court to make
such order and decree Is may be nee
essary to reform said deeds according
to the true intention of the grantors
and grantees therein, SO that the title
shall be vested In your orator in trust
for the Polish congregation Of the
Church of the Sacred Heart of Jesus
and Mary"