First Society of the Methodist Episcopal Church In Irving v. Brownell
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The court found, among other things, that the defendant was in the possession of the lands in question ; the same being annually cultivated and inclosed with other lands owned by the defendant, which he also cultivated and occupied.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The court found, among other things, that the defendant was in the possession of the lands in question ; the same being annually cultivated and inclosed with other lands owned by the defendant, which he also cultivated and occupied. That neither the plaintiff, nor its grantors had been in possession, or enjoyed any rents or profits, within twenty years preceding the commencement of this action. That in June, 1838, a religious corporation was created by filing a certificate in…
1Opinion of the Court
Gilbeet, J.:
The defendant has shown no interest whatever in the lot in controversy, and his claim to hold it by virtue of an adverse possession thereof for more than twenty years, is, we think, unfounded. The conveyance to Newton, the defendant’s grantor, expressly excepted this lot from the premises granted, and declared that the same belonged to the Methodist church; and the conveyance to the defendant contained an exception, in the same words, of a lot belonging to the Methodist church; describing the lot, however, as running back from the street sixteen, instead of sixty-two feet, as in…
2Cases cited1 opinion
- Rosseel v. WickhamNew York Supreme Court · 1862