People Ex Rel. Fulton v. Fulton
New York Court of Appeals
Appeal from a judgment of the supreme court sitting in the county of Monroe. E. Fulton and the other relators, in February, 1847, made a complaint before the first judge of the county courts, against William B. Fulton and eleven other persons, under the provisions of the revised statutes relating to forcible entries and detainers.
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Appeal from a judgment of the supreme court sitting in the county of Monroe. E. Fulton and the other relators, in February, 1847, made a complaint before the first judge of the county courts, against William B. Fulton and eleven other persons, under the provisions of the revised statutes relating to forcible entries and detainers. (2 R. S. 505.) The complaint stated that W. B. Fulton and the others, on the 5th day of the same month, at, &c. made a forcible entry into the land and tenements of the complainants, “ which they hold as trustees of the first congregational society of the towns of…
1Opinion of the CourtDenio, J.
The court below was clearly right in the judgment it came to in this case. Incorporated religious societies are aggregate corporations, and whatever property they acquire, whether it be real or personal, is vested in interest in the body corporate; and while the officers have it under their control or dominion, whatever possession they have is the possession of the artificial person whose agents they are. Although called trustees, they do not hold the property in trust for the corporation or the religious society. The name is simply the title of their office; and their position respecting the…
2Cited by7 opinions
- Smith v. CorneliusWest Virginia Supreme Court · 1895
- Peoples Pleasure Park Co. v. RohlederSupreme Court of Virginia · 1909
- Novick v. WashingtonNew York Supreme Court · 1919
- People ex rel. Cooper v. Newcomb FieldNew York Supreme Court · 1870
- Central Park Baptist Church v. PattersonNew York Court of Common Pleas · 1895
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