Legal Opinion

Towar v. Hale

New York Supreme Court

Decided September 3, 1866PublishedCited by 19 opinions

MOTION by the plaintiff to set aside a nonsuit and for a new trial, in an a.ction to recover the possession of real estate.

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MOTION by the plaintiff to set aside a nonsuit and for a new trial, in an a.ction to recover the possession of real estate. The action was brought upon the basis of the idea that the land was conveyed by Henry Towar, the-plaintiff’s ancestor, to a religious corporation, for the purpose of being used as the site of a church edifice; that it had been -at one time used for that purpose, but had ceased to be so used; that the corporation was broken up and had ceased to exist; and that the title to the lot had reverted to the heirs of the original grantors.

1Opinion of the Court

By the Court, Welles, J.

We are met at the threshold-of this examination by -the question of the effect of the deed from Henry Towar and wife to Lawrence Riley and others, bearing date April 21, 1830, conveying the piece of land described in the complaint. The parties named therein as grantees are described in the introductory part of the deéd as follows: “Lawrence Riley, James Roy and Michael Miller, trustees of the Methodist society, and to their successors, of the toiun of Lyons and county and state aforesaid, of' the second part.” The grant is to the parties of the second part, and to…

2Cited by19 opinions

  1. Hart v. SeymourIllinois Supreme Court · 1893
  2. Douthitt v. StinsonSupreme Court of Missouri · 1876
  3. Heath v. . BarmoreNew York Court of Appeals · 1872
  4. King v. . TownshendNew York Court of Appeals · 1894
  5. Wilson v. . LearySupreme Court of North Carolina · 1897

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