Lucas v. Johnson
New York Supreme Court
This was an action of ejectment, tried at the Ontario circuit in February, 1849, before Welles, justice. The suit was brought against the defendants as “ trustees of the 2d Baptist Church and Society of the village of Geneva, a religious corporation under and by virtue of an act of the legislature of this state entitled 1 An act to provide for the incorporation of religious societies,’ passed April 5, 1813, and the several acts amendatory of the said act.” ,The plaintiff, by…
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This was an action of ejectment, tried at the Ontario circuit in February, 1849, before Welles, justice. The suit was brought against the defendants as “ trustees of the 2d Baptist Church and Society of the village of Geneva, a religious corporation under and by virtue of an act of the legislature of this state entitled 1 An act to provide for the incorporation of religious societies,’ passed April 5, 1813, and the several acts amendatory of the said act.” ,The plaintiff, by his declaration, claimed to recover the one equal undivided third part of the premises .therein described. Plea, the…
1Opinion of the Court
By the Court, Johnson, J.
At the close of the evidence, upon the trial, the justice refused on the defendant’s motion to nonsuit the plaintiff, but decided to submit the question of the defendants’ possession to the jury to find whether they were in possession personally or only as trustees of the 2d Baptist church and society in Geneva; in other words, to determine whether the defendants were in possession, or the corporation through them as its officers. The plaintiff declined going to the jury on that question of fact, and was nonsuited by the justice. The plaintiff’s counsel insists that…
2Cases cited2 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Shaver v. M'GrawNew York Supreme Court · 1834
3Cited by4 opinions
- De Sanchez v. Grace Methodist Episcopal ChurchCalifornia Supreme Court · 1896
- Young v. . BardenSupreme Court of North Carolina · 1884
- People v. AmbrechtNew York Supreme Court · 1859
- Danihee v. HyattNew York Supreme Court · 1894