De Ruyter v. Trustees of St. Peter's Church
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit, upon exceptions to a master’s report as to the right to the surplus moneys, on a foreclosure and sale of mortgaged premises.
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This was an appeal from an order of the vice chancellor of the first circuit, upon exceptions to a master’s report as to the right to the surplus moneys, on a foreclosure and sale of mortgaged premises. The premises, at the time of the execution of the complainant’s mortgage, and at the time of .the convey: anee to Power and Pise, as hereafter mentioned, belonged to The Truste.es of St. Peter’s Church in the city of New-York, a religious corporation created by a special act of the legislature, in April, 1817. On the 7th of September, 1844, the corporation being insolvent and owing about…
1Opinion of the Court
The Chancellor.
Upon a former occasion, on the argument of an appeal, I came to the conclusion that the authority given to the chancellor, to authorize a religious corporation to *122sell its real estate did not extend to the case of a conveyance of the estate of such a corporation to trustees for the payment of all its debts ratably, and that the order of the vice chancellor could not affect the rights of the appellant in the case which was then before me. That appeal, however, was properly dismissed upon another ground. For, as the order was made while the appellants were mere creditors at…
2Cases cited4 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Haxton v. BishopNew York Supreme Court · 1829
- Lenox v. RobertsSupreme Court of the United States · 1817
- Warner v. MowerSupreme Court of Vermont · 1839
3Cited by11 opinions
- Vanderpoel v. . GormanNew York Court of Appeals · 1894
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Harris v. ThompsonNew York Supreme Court · 1853
- De Ruyter v. . St. Peter's ChurchNew York Court of Appeals · 1850
- McKay v. ElwoodWashington Supreme Court · 1895
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