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agreement alleged annexation appear assumpsit attorney averment bill in equity Borough breach cause of action claim Clyde Commonwealth contends contract convey counsel counterclaim COURT SHUGHART Cumberland County decedent decree in divorce decree nisi deed defendant defendant's demurrer dismissed East Pennsboro Township ejectment entered entry evidence ex rel exceptions failure fendant filed findings of fact Franklin County fraud habeas corpus Hale Hampden Township Hattie Fleming hearing Huntington Township husband indignities joint school system judgment June jurisdiction Juvenile Court land lease maintenance matter Monroe Township nonsuit notice November 28 October 26 OPINION AND ORDER oral ORDER OF COURT ordinance parties payment Pennsylvania Industrial School person petition petitioner plaintiff pleadings possession preliminary objections prior proceedings purchase question reason record residence rule School District Section sentence statute Statute of Frauds Strayer sufficient Superior Ct supra sustained tenant Term testimony thereof tiff tion Township tract trust wife