Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1918-12-18

This deed recites title in John Har-
ris, and that he, by a certain bond
in the sum of $1,000 bearing date
of the fourth. day of March, 1885,
stood bound, in order to promote the
creation of a separate county and
the establishment of a seat of JUS
tice therein, to lay out lots and dedi-
cate streets, lanes and alleys, and
that he had promised to convey to
the commissioners, or any three OF
them, and their heirs, good and
sufficient lot of land for erecting
a courthouse and Jail thereon, in
trust for the use of the inhabitants
of said county of Dauphin, and that
the legislation having been obtained
andsthe precedent action taken, then
in consideration of the premises and
the sum of five shillings, paid by
Jacob Awl, did grant, bargain and
sell to them, all the streets, lanes,
alleys and highways, as laid out by
said commissioners, in and Tor the
town of Harrisburg, and dads also
sell unto them four lets OF lana
which are the present seat. ofFthe
courthouse and jail. ~
"It will be noted that this convey
ance is not an estate upon conoltlon
or Limitation, but an absolute grant
in fee, in trust for the inhaoltants
of n certain municipal district, which
is a charitable use"
Fee Passed
After quoting a number OF au-
thorities including opinions from
higher courts of the state, the SO
Iicitors continue: Upon the basis
of the above authorities, IT is our
oninion that no reversionary inter-
est exists in the heirs of John Har-
ris. or the devisees under his last
will and testament, but that the lahu
can be conveyed by the proper trus-
tees and used for any other purpose
the proceeds being applied for tne
same uses for which the land was
originally held.
Jacob Awl, ct al, the trustees
named in the Harris grant hau un-
der it's terms no active duties 10 per
form, and the TRUST being o. dry one,
was Immediately execute9 NestIns
the title in the public OF the county
of Dauphin as county properly
"ITnder the law the county com
missioners of the county oil Daupnlll
are the trustees for the inhapltanIIS,
of the county, and authorized TO sell
any of its property, including rea,
-, estate They, however, could no'
sell this land, or any interest there-
in. except by proper direction Oh the
court nnder the Revised Price ACT
but they could arrange to sell, SUP
iect TO the confirmation OF the
court. or proper order obtained.
"We would therefore advise ina.
~ vou desire to take such action lhd'
an agreement be entered INTO De-
tween the city and the county tO
sell TO the city a part OF sald tracl
or an interest therein, at lali
market value, subject to the coniir-
nation of the court; and upon Ihe
furthar conditions that should IL DC
detarn,ined by the said conveyance
tbot no right or title passed TO the
| citv. then the conveyance shouiu IL
fact he nullity and the consldera-
+ion Maid and returned. AS soon
as This conveyance is paid, the CITY
yould he in q position to rule upor
| tho heirs or devisees OF John flar-
ris TO bring an action in eJectIheh'
within six months, or be forever
barred from raising the questloh
We believe that such an acuon III
| aiectment could be successfully re-
sisted by the city, which would tnen
establish absolutely its title; and Il
it were not successfully defended
then under the agreement, between
the county and the city. the latter
would be entitled to have the con,
sideration returned. This plan woulo
absolutely safeguard both parties
The county could sustain no loss, De,
| cause under the agreement II 1t