Reformed Dutch Church v. Harder
New York Supreme Court
Appeal from circuit court, Schoharie county. Action by the Reformed Dutch Church of the town of Summit against "William L. Harder and Stanton P. Harder, for trespass. Defendants appeal from a judgment entered upon the verdict of a jury upon the trial at the Schoharie circuit in January, 1890, and from the order denying the motion made upon the minutes for a new trial.
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Appeal from circuit court, Schoharie county. Action by the Reformed Dutch Church of the town of Summit against "William L. Harder and Stanton P. Harder, for trespass. Defendants appeal from a judgment entered upon the verdict of a jury upon the trial at the Schoharie circuit in January, 1890, and from the order denying the motion made upon the minutes for a new trial. The complaint, alleging the incorporation of the plaintiff, charged the defendants with trespass in entering upon the lot of which the plaintiff was the owner, and in possession, and in cutting and carrying away wood, and…
1Opinion of the CourtLandon, J.
The conveyance by Reed and Ham, in 1830, to Spickerman and others, trustees, vested in them and their successors, under the Laws of 1813, c. 60, § 4, the title to the lot in question in trust forthe religious society, subject to the terms of the deed, to hold the same until the society should be incorporated. Church of Redemption v. Grace Church, 68 N. Y. 570. Of course if, before the incorporation, the term of the title to the lot, pursuant to the terms of the deed, had ceased, the subsequent incorporation could not vest it in the corporation, nor divest those of it who had meantime become…
2Cases cited5 opinions
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
- Connitt v. Reformed Protestant Dutch Church of New ProspectNew York Court of Appeals · 1874
- Mayor of New-York v. Stuyvesant's HeirsNew York Court of Appeals · 1858
- Church of Redemption v. Rector, Churchwardens & Vestrymen of Grace ChurchNew York Court of Appeals · 1877
- Trustees of St. Jacob'S Lutheran Church of Eden v. BlyNew York Court of Appeals · 1878
3Cited by1 opinion
- Stansbery v. ChurchOregon Supreme Court · 1916