Madison Avenue Baptist Church v. Baptist Church in Oliver Street
The Superior Court of New York City
Appeal by plaintiff and defendant from the judgment entered herein at Special Term, also from the second order of reference, and also an appeal by the defendant from the order over-ruling exceptions and confirming the referee’s report. This action was commenced July 30, 1883, to recover possession of five lots of land in Madison Avenue, in the city of New York, with a church and lecture room thereon.
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Appeal by plaintiff and defendant from the judgment entered herein at Special Term, also from the second order of reference, and also an appeal by the defendant from the order over-ruling exceptions and confirming the referee’s report. This action was commenced July 30, 1883, to recover possession of five lots of land in Madison Avenue, in the city of New York, with a church and lecture room thereon. The defendant entered into possession of the premises in October, 1862, under a deed from the plaintiff, executed in pursuance of an order of the supreme court upon the plaintiff’s petition. The…
1Opinion of the Court
The following opinion was delivered at Special Term:
Sedgwick, J.
The court of appeals has decided in this case (46 If. T. 143), that the deed, made by the plaintiff to' the defendant is void. The plaintiff is therefore entitled to judgment in its favor, unless the defendant establishes, that.notwithstanding the plaintiff’s title, the defendant has a right to the possession of the premises.
One of the defences made to maintain the defendant’s right to possession is, that the defendant is in possession as assignee of certain mortgages upon the property. I will assume that a legal mortgagee, as…
2Cases cited51 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Ryan v. . DoxNew York Court of Appeals · 1866
- Murray v. BallouNew York Court of Chancery · 1815
- Pratt v. AdamsNew York Court of Chancery · 1839
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