Madison Avenue Baptist Church v. Baptist Church
The Superior Court of New York City
Action to recover the possession of a lot of land, and the building thereon, situate on the south-east corner of Madison avenue and Thirty-first street, in the City of New York. s The action was tried before Mr. Justice Jones, without a jury, who ordered judgment in favor of the defendants, confirming their title to the premises in question, from which judgment the plaintiffs have appealed.
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Action to recover the possession of a lot of land, and the building thereon, situate on the south-east corner of Madison avenue and Thirty-first street, in the City of New York. s The action was tried before Mr. Justice Jones, without a jury, who ordered judgment in favor of the defendants, confirming their title to the premises in question, from which judgment the plaintiffs have appealed. On a former trial, all the proof offered in support of the defences set up in the answer was excluded by the Court, as not constituting a defense to the action, and judgment was thereupon rendered in favor…
1Opinion of the CourtMonell, J.
When this case was before the Court upon the former appeal, it was held, that the matters set forth in the answer, and which had been offered to be proved on the trial, constituted a defense to the action. I do not, therefore, propose to examine at much length any of the questions disposed of by the former decision, except as those questions may be affected by the evidence given on this trial.
It is now claimed that such evidence renders the proceedings to obtain the permission of the Court to convey the plaintiffs’ property entirely void, for the following reasons:
First—That no legal notice…
2Cases cited3 opinions
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- Stow v. WyseSupreme Court of Connecticut · 1828
- Wyatt v. BensonNew York Supreme Court · 1857