# Gabster v. Mesaros

> Supreme Court of Pennsylvania · June 24, 1966 · 422 Pa. 116

URL: https://www.frixlaw.com/law-library/cases/9749218

## Case

- **Full name:** Gabster, Appellant, v. Mesaros
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 24, 1966
- **Citations:** 422 Pa. 116; 220 A.2d 639; 1966 Pa. LEXIS 531
- **Precedential status:** Published
- **Opinion:** Dissent by Cohen
- **Judges:** Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9749218

## Opinion text

Dissenting Opinion by
Mr. Justice Cohen :
The meager authority upon which the majority bases its conclusion that laches is applicable does not satisfy me. It introduces into our law of property a new concept, namely, that one may obtain title to real *124 ty on the weakness of the titleholder’s claim rather than on the strength of his own.
In Pennsylvania, the Implied-Trust Doctrine places the title of this real estate in the congregation that organized the church. I know of no theory of laches that is applicable to such a situation so as to divest from ownership those in whom title is vested.
Further, in this instance, prejudice, which is an ingredient of laches, has not been shown; neither has adverse possession — which might be applicable — been alleged.
Since the record does not disclose facts which would permit the application of laches, and since it does disclose facts which would indicate adverse possession, I would apply the Implied-Trust Doctrine and reverse the decree.
I dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9749218. Public record. Not legal advice.