Parish of Bellport v. Tooker
New York Supreme Court
APPEAL from a judgment rendered at' a special term. The action was brought to recover a lot of land and the meeting house thereon, situate at Bellport, in Suffolk county. The cause was tried at the Suffolk circuit, on the 4th of June, 1858, before Emott, justice, without a jury, by consent of parties.
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APPEAL from a judgment rendered at' a special term. The action was brought to recover a lot of land and the meeting house thereon, situate at Bellport, in Suffolk county. The cause was tried at the Suffolk circuit, on the 4th of June, 1858, before Emott, justice, without a jury, by consent of parties. Judge Emott decided the cause in favor of the defendants, and gave the following opinion : Emott, J. “ This is an action of ejectment, brought by the individuals named as plaintiffs, together with the corporations which they claim to represent, against the defendants, for a lot of land and…
1Opinion of the Court
By the Court, Brown, J.
The justice who tried this action at the special term pronounced with his decision an elaborate and carefully drawn opinion, which is decisive, I think, of all the questions involved in the controversy. It would be but a repetition of what he has already said, and a reiteration of arguments stated with clearness and precision, and which lead logically and necessarily to the conclusions at which he arrives, were 1 to enter at large upon *272a re-examination of the questions. The fallacy of the plaintiffs’ case, if it he a fallacy, consists in the idea that pervades it…
2Cases cited1 opinion
- Jackson ex dem. Rector, Church Wardens of St. George's Church v. NestlesNew York Supreme Court · 1808
3Cited by8 opinions
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Hardin v. Trustees of the Second Baptist Church of the City of DetroitMichigan Supreme Court · 1883
- Hale v. EverettSupreme Court of New Hampshire · 1868
- Cooper v. Trustees of the First Presbyterian ChurchNew York Supreme Court · 1860
- Fiske v. BeatyNew York Supreme Court · 1922
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