De Ruyter v. . St. Peter's Church
New York Court of Appeals
De Rutter filed his bill for the satisfaction of a mortgage' executed to him by the trustees of St. Peter’s church, in the city of New-York, and obtained a decree for the sale of the mortgaged premises. After a sale under the decree the surplus moneys, amounting to $2507, were brought into court and an order was entered for a reference to a master to ascertain who were entitled thereto.
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De Rutter filed his bill for the satisfaction of a mortgage' executed to him by the trustees of St. Peter’s church, in the city of New-York, and obtained a decree for the sale of the mortgaged premises. After a sale under the decree the surplus moneys, amounting to $2507, were brought into court and an order was entered for a reference to a master to ascertain who were entitled thereto. John Power and Charles Constantine Pise claimed the entire surplus by virtue of a deed of assignment made by the trustees of St. Peter’s church, on the 13th of September, 1844, conveying to them the property…
1Opinion of the CourtRuggles, J.
The question is upon the validity of the deed of assignment-in trust for the payment of the debts of the corporation. In this question is involved another, on which the case turns; and that is, whether the vice chancellor’s order authorizing and concurring in the sale or assignment for the payment of debts was valid, or void for want of jurisdiction to make it.
The trustees of St. Peter’s church in the city of New-York were incorporated on the 11th of April, 1817. The first section of their act of incorporation confers upon them the power to “ purchase, take, have, hold, receive and enjoy to…
2Cases cited2 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- De Ruyter v. Trustees of St. Peter's ChurchNew York Court of Chancery · 1848
3Cited by11 opinions
- Vanderpoel v. . GormanNew York Court of Appeals · 1894
- Barth v. . BackusNew York Court of Appeals · 1893
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Market & Fulton National Bank v. JonesNew York Supreme Court · 1894
- Central Gold Mining Co. v. PlattNew York Court of Common Pleas · 1870
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