Gay v. Baker
Massachusetts Supreme Judicial Court
Trespass for taking down a pew belonging to the plaintiff in the meeting-house in the first parish in Dedham. The action was submitted to the opinion of the Court upon an agreed statement of facts, from which it appeared that the plaintiff was owner of pew No. 70, on the floor of the meeting-house, and had been in quiet possession thereof for nearly thirty years; but for nine years past had ceased to be a member of the parish, or to pay taxes therein.
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Trespass for taking down a pew belonging to the plaintiff in the meeting-house in the first parish in Dedham. The action was submitted to the opinion of the Court upon an agreed statement of facts, from which it appeared that the plaintiff was owner of pew No. 70, on the floor of the meeting-house, and had been in quiet possession thereof for nearly thirty years; but for nine years past had ceased to be a member of the parish, or to pay taxes therein. In August, 1819, the parish voted to enlarge, alter and repair the meeting-house, and appointed the defendant and others a committee for that…
1Opinion of the CourtParker, C. J.
It appears by the case agreed, that the act complained of as a trespass was done by the defendant as one of a committee of the first parish in Dedham, pursuant to a vote of the parish [*438] to alter and repair their meeting-house, in which * the plaintiff’s pew stood; and that he acted under the directions of the other members of the committee.
The general question is, whether the defendant can justify the act complained of under the proceedings of the parish; and this depends upon the nature of the plaintiff’s property, whether abso lute, or qualified by the rights, which the parish had over the…
2Cited by4 opinions
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
- Cooper v. Trustees of the First Presbyterian ChurchNew York Supreme Court · 1860
- Voorhees v. Presbyterian ChurchNew York Supreme Court · 1850