Shaw v. Beveridge
New York Supreme Court
Error to the Washington C. P. Shaw sued Beveridge before a justice of the peace, and declared in trespass for breaking and entering “the close of the plaintiff, to wit, his pew in the church of the associate congregation in the town of Hebron.” The defendant did not appear in time, on the return day of the summons, and no plea was therefore interposed.
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Error to the Washington C. P. Shaw sued Beveridge before a justice of the peace, and declared in trespass for breaking and entering “the close of the plaintiff, to wit, his pew in the church of the associate congregation in the town of Hebron.” The defendant did not appear in time, on the return day of the summons, and no plea was therefore interposed. On the trial, the plaintiff proved that he occupied the pew in question in April, 1837, that the defendant took possession of it in May of that year, and had continued in possession ever since to the exclusion of the plaintiff and his family.…
1Opinion of the Court
By the Court, Nelson, Ch. J.
In England, the parson is seised of the freehold and possession of his church, (3 Toml. Law Diet. 65,) in the same manner as the trustees of churches are in this state. (3 R. S. 206—215, 2d ed.) (a) But there, the use of all the pews is the property of the parish, to be used in common by the parishioners, who are entitled to be seated orderly and conveniently so as best to provide for the accommodation of all. The disposal and distribution of the *27seats rest with the church-wardens, subject to the control of the ordinary, who seems to have an unlimited discretion…
2Cases cited4 opinions
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- People v. RunkelNew York Supreme Court · 1812
- Heeney v. Trustees of St. Peter's ChurchNew York Court of Chancery · 1836