Madison Avenue Baptist Church v. Baptist Church
The Superior Court of New York City
Appeal from a judgment. This action was to recover the possession of a plot of ground, on the southeasterly comer of Madison avenue and Thirty-first Street in the city of New York. Prior to the 21st of October, 1862, the plaintiffs, a religious corporation, Were the owners of the plot in question, and had erected thereon a church edifice, which they occupied as a house of worship. The complaint alleged the ownership of the plaintiffs, and the entry of the defendants.
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Appeal from a judgment. This action was to recover the possession of a plot of ground, on the southeasterly comer of Madison avenue and Thirty-first Street in the city of New York. Prior to the 21st of October, 1862, the plaintiffs, a religious corporation, Were the owners of the plot in question, and had erected thereon a church edifice, which they occupied as a house of worship. The complaint alleged the ownership of the plaintiffs, and the entry of the defendants. The answer, after denying all the allegations in the complaint not afterwards admitted, for a further and separate defence, set…
1Opinion of the Court
By the Court.—Monell, J.
The common law right of alienation, as well as the power conferred by the Revised Statutes (2 Rev. Stat., 556, § 1, sub. 4), upon corporations generally, to convey their real property, is restrained in its application to religious corporations, by the 11th section of the act providing for their incorporation (2 R.. L. [1813], 212). That section pro*219vides, that upon the application of a religious corporation, it shall he lawful for the court to make an order for the sale of any real estate of such corporation, and to direct the application of the moneys arising…
2Cases cited14 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- Miller v. GableNew York Supreme Court · 1845
- Petty v. . TookerNew York Court of Appeals · 1860
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