Reformed Church of Gallupville v. Schoolcraft
New York Supreme Court
Motion for new trial upon exceptions ordered to be heard in the first instance at General Term. The action was commenced in March, 1870. The facts appear in the opinion.
1DissentMiller, P. J.
The deed to the High Dutch Reformed Church of Schoharie conveyed the entire fee of the premises, reserving to one of the grantors the right to grant to certain parties the right to build a basement, to be used “ for the purpose of keeping a select and other schools in only.” Under this conveyance the church took a title subject to the use of the basement as provided. When the basement ceased to be used for the purposes specified, there was no authority, upon the part of the trustees of the school to whom it was conveyed, to use the same for any other purpose. The defendants, therefore, had no…
2Cases cited11 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Flora v. . CarbeanNew York Court of Appeals · 1868
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
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