Corporation of Brick Presbyterian Church v. Mayor of New York
New York Supreme Court
On demurrer to the plea, in an action on 'the covenant for enjoyment,
1Opinion of the Court
Savage, Ch. Justice.
This action is brought for an alleged breach of the covenant for quiet enjoyment.
On the 25th of February, 1766, the defendants conveyed to those whom the plaintiffs represent, the premises on which the brick presbyterian church now stands, in the city of New York. By the deed, the lessees covenanted for the payment of an annual rent, and also that, within ten years, thfe premises should be enclosed in a fence; and that a church should be built thereon, or the premises should be used as a cemetery ; and also that they should never be used for private secular uses.
The…
2Cited by84 opinions
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- Odd Fellows' Cemetery Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1903
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