Legal Opinion

Barnard v. Whipple

Supreme Court of Vermont

Decided March 15, 1857PublishedCited by 2 opinions

Ejectment for pew No. 32 in the congregational meetinghouse in Springfield; plea, the general issue, trial by jury, December Term, 1856,— Underwood, J., presiding.

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Ejectment for pew No. 32 in the congregational meetinghouse in Springfield; plea, the general issue, trial by jury, December Term, 1856,— Underwood, J., presiding. The plaintiff introduced the records of the congregational society of Springfield, which was formed under the statute, in 1817, from which it appeared that the meetinghouse, in which this pew was, was dedicated January 9th, 1833, and that the pews were sold and distributed in January, 1833, and that this pew was sold to one Luke Williams. The plaintiff also introduced an execution in his favor against the said Williams, which it…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

As the plaintiff and defendants claim title under Luke Williams, they are not permitted to deny his title to the pew mentioned in the declaration. As between these parties the title of Luke Williams need not be shown; and the party will prevail in this action who has the better right from him; Brooks v. Chaplin, 3 Vt. 281. The doctrine seems now well settled that the right to a pew in a meetinghouse is to be regarded as real estate. At common law such a right is an incorporeal hereditament. The freehold of the church is in the parson for the…

2Cases cited4 opinions

  1. In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
  2. Hodges v. GreenSupreme Court of Vermont · 1856
  3. Brooks v. ChaplinSupreme Court of Vermont · 1831
  4. Kellogg v. DickinsonSupreme Court of Vermont · 1846

3Cited by2 opinions

  1. Nitche v. EarleIndiana Supreme Court · 1889
  2. Millis v. RoofIndiana Supreme Court · 1890

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