Rector, Churchwardens & Vestrymen of the Church of the Nativity v. Fleming

The only question arising on this motion to dismiss the complaint for insufficiency is whether the property of a religious corporation is exempt from execution.

The plaintiff’s contention is, essentially, that under the common law of this State the real property of religious corporations was inalienable (1 Evans Stat. [3d ed. English] 381-390; Madison Avenue Baptist Church v. Baptist Church in Oliver Street, 46 N. Y. 131, 141, 142), and now, by statute, may be sold or mortgaged only upon fulfilling certain prescribed conditions. (Religious Corp. Law, § 12.)

*474Plaintiff further contends that since…