Jackson, ex rel. Walton v. Leggett
New York Supreme Court
This was an action of ejectment, at the New-York circuit in June, 1820, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of ejectment, at the New-York circuit in June, 1820, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought for an alleged encroachment on the rear of certain lots formerly belonging to Christ Churchy in Ann-street in the city of New-York, and conveyed by that church, in pursuance of an order of the court of chancery, to Henry Walton, by deed bearing date the 27th January, 1823* The defendant objected to the reading of the deed, unless it was proved that there was such a corporation as the grantors were described in the deed to be, viz. “ Christ…
1Opinion of the Court
By the Court,
Savage, Ch J.
The first question is whether the proper evidence was produced to prove the incorporation of the church. I am opinion that the best evidence was not produced. The defendant objected to the record: the original certificate was higher evidence, and should have been produced, or its absence accounted for. The statute which directs the mode of proceeding to incorporate religious societies, does not make the record evidence, nor even the certicate, unless proved in court. Deeds proved according to the statute are made evidence without further proof, and if record*379ed, the…
2Cited by28 opinions
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- Steeple v. DowningIndiana Supreme Court · 1878
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- You v. FlinnSupreme Court of Alabama · 1859
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
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