Madison Avenue Baptist Church v. Baptist Church in Oliver Street
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming judgment entered upon decision of the court in favor of defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming judgment entered upon decision of the court in favor of defendant. This is an action of ejectment, brought to recover the possession of certain real estate, situate upon Madison avenue in the city of New York, conveyed to the defendant by plaintiff, by deed dated October 21, 1862, which deed was executed in pursuance of orders of the Supreme Court, dated October 17th and 20th, 1862. The facts disclosed by the petition, upon which said orders were granted, and which have a bearing upon the…
1Opinion of the CourtGboveb, J.
The determination of this case, depends upon the validity of the deed executed by the plaintiff to the defend ant, purporting to convey, by the former to the latter, the title to the property, the possession of which is sought to be recovered by the plaintiff in this action. The property consists of five lots of land, situate upon Madison avenue and Thirty-first street, in the city of Sew York, upon which, at the time of the giving of the deed, there was situated a church edifice, which, prior thereto, had been occupied by the plaintiff for religious worship. The validity of the deed, depends…
2Cases cited2 opinions
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Wheaton v. . GatesNew York Court of Appeals · 1858
3Cited by26 opinions
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Reformed Church v. . SchoolcraftNew York Court of Appeals · 1875
- Muck v. . HitchcockNew York Court of Appeals · 1914
- Ratigan v. United StatesCourt of Appeals for the Ninth Circuit · 1937
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