Madison Avenue Baptist Church v. Baptist Church in Oliver Street
New York Court of Appeals
Appeal by both parties from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment, entered upon a decision of the court at Special Term. (The decision upon a former appeal is reported in 46 N. Y., 131.) (Reported below, 9 J. & S., 369.) Tills was an action of ejectment, commenced July 30, 1863, to recover possession of certain real estate situate upon Madison avenue, in the city of New York, with a church edifice thereon.
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Appeal by both parties from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment, entered upon a decision of the court at Special Term. (The decision upon a former appeal is reported in 46 N. Y., 131.) (Reported below, 9 J. & S., 369.) Tills was an action of ejectment, commenced July 30, 1863, to recover possession of certain real estate situate upon Madison avenue, in the city of New York, with a church edifice thereon. The answer alleged in substance that the defendant entered into possession of the premises in October, 1862, under a deed from the…
1Opinion of the CourtEarl, J.
Upon the prior appeal in this case to this court it was decided that the Supreme Court had no jurisdiction to grant .the order authorizing the conveyance by the plaintiff of its church property to the defendant, and hence that such conveyance was invalid. It was held that the court could *89authorize a conveyance only in the case of a sale, and that the facts did not show a sale. It was also held that by the common law in force in this state, religious corporations were restrained from alienating their real estate, and that when the conveyance now in question was made they could alienate their…
2Cases cited11 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Worrall v. . MunnNew York Court of Appeals · 1868
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
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- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
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