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BUTLER FAIR & AG. ASSN. v. BUTLER SCH. DIST.

389 Pa. 169 (1957)

Butler Fair and Agricultural Association, Appellant, v. Butler School District, Appellant.

Supreme Court of Pennsylvania.

May 29, 1957

Attorney(s) appearing for the Case

Lee C. McCandless, for judgment creditor and for assignee.

John H. Marshall, with him John H. Jackson, Charles E. Dillon, James E. Marshall, Harry K. McNamee, and Marshall, Marshall & McNamee, for Butler School District.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, May 29, 1957:

These three appeals arise from a controversy between a debtor-school district, a creditor-fair association and an assignee of the creditor-fair association concerning the payment of an award made in an eminent domain proceeding.

In 1955, Butler Fair and Agriculture Association (hereinafter called Association) was the owner of a leasehold which would expire in 1970. This leasehold covered 67 acres of ground...

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