Westminster Presbyterian Church of West Twentythird Street v. Trustees of Presbytery
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 30, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Prior to the consolidation the legal title to the property in controversy was in plaintiff. There was no denominational trust or denominational control.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 30, 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Prior to the consolidation the legal title to the property in controversy was in plaintiff. There was no denominational trust or denominational control. It could lawfully change the creed and religious doctrine to be expounded from its pulpit. The legal title was in the plaintiff corporation…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action in ejectment. The complaint alleges that the plaintiff is a religious corporation organized under the laws of this state; that on or about the 17th day of March, 1908, it owned in fee simple certain described premises in the .city of New York on West Twenty-tMrd street, near the corner of Seventh avenue, in the borough of Manhattan; and that the defendant on or about the 18th day of March, 1908, unlawfully entered into said premises and ousted the plaintiff therefrom without right or authority of law, and continues unlawfully to withold possession of…
2Cases cited3 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Walsworth v. JohnsonCalifornia Supreme Court · 1871
- Matter of First Presbyterian Soc. of BuffaloNew York Court of Appeals · 1887
3Cited by42 opinions
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
- Bennett v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1940
- Trustees of Presbytery v. Westminister Presbyterian ChurchNew York Court of Appeals · 1918
- McNeilly v. First Presbyterian ChurchMassachusetts Supreme Judicial Court · 1923
- Congregation Yetev Lev D'Satmar, Inc. v. KahanaAppellate Division of the Supreme Court of the State of New York · 2006
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