Inhabitants of Harrison v. Inhabitants of Bridgeton
Massachusetts Supreme Judicial Court
This action, which was assumpsit for money had and received, was submitted to the determination of the Court upon the following facts agreed by the parties. By the terms of the original grant of the township of Bridgeton in the year 1765, one sixty-fourth part of the land granted was required to be appropriated for the support of schools, and a like proportion for the use of the ministry, and they were laid out by the proprietors accordingly.
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This action, which was assumpsit for money had and received, was submitted to the determination of the Court upon the following facts agreed by the parties. By the terms of the original grant of the township of Bridgeton in the year 1765, one sixty-fourth part of the land granted was required to be appropriated for the support of schools, and a like proportion for the use of the ministry, and they were laid out by the proprietors accordingly. In 1789, a minister was settled in the town, who entered on the land appropriated for the ministry, and occupied it until the year 1798, when he…
1Opinion of the Court
By the Court.
We think it very clear that the fund, of which *15the plaintiffs in this action claim their proportion, is not included within the term property, as used in the act incorporating the town of Harrison. It cannot be considered as town’s property, and could not be disposed of by a vote of the town ; but partaking of the character of the land, from the sale of which it grew, it is a permanent fund appropriated by law for the support of the ministry, and cannot be lawfully applied to any other use. Suppose one or more new parishes should be incorporated in Bridgeton; the land, in such…
2Cases cited7 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Inhabitants of the First Parish v. DunningMassachusetts Supreme Judicial Court · 1811
- Austin v. ThomasMassachusetts Supreme Judicial Court · 1817
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1807
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1854
- Graham v. Township of EdisonSupreme Court of New Jersey · 1961
7 more not listed; retrieve them via the Exa API.