Petty v. . Tooker
New York Court of Appeals
Appeal from the Supreme Court. Ejectment for a church. The answer denied that the plaintiffs were the trustees of the religious corporation to which the church belonged, and averred that the defendants were such trustees, and in that character possessed and were entitled to retain the custody of the church edifice.
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Appeal from the Supreme Court. Ejectment for a church. The answer denied that the plaintiffs were the trustees of the religious corporation to which the church belonged, and averred that the defendants were such trustees, and in that character possessed and were entitled to retain the custody of the church edifice. On the trial before Mr. Justice Emott, a jury having been waived, these facts appeared: In July, 1886, a Congregational Church was organized in the village of Bellport, its ecclesiastical officers chosen, and a clergyman invited to preach. In March, 1848, the persons connected with…
1Opinion of the CourtSeldeh, J.
This is a contest between two sets of individuals, each claiming to be- trustees of the parish of Bellport; and the action is brought to recover possession of the church edifice, and the lot upon which it stands; from which the plaintiffs, as they allege, have been excluded by the defendants. The first position taken by the defendants is, that their title to the property cannot be tried in this action, but that the plaintiffs must resort to the mode prescribed by statute for testing their rights.
The present statutory provision on the subject is contained in the Code. Section 432 provides that…
2Cited by34 opinions
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
- First Presbyterian Church v. United Presbyterian Church in United StatesNew York Court of Appeals · 1984
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
- Nance v. BusbyTennessee Supreme Court · 1892
- Baxter v. . McDonnellNew York Court of Appeals · 1898
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