Woodworth v. . Payne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This was an action of ejectment brought by plaintiff, as sole heir-at-law of Laura Sellick, deceased, to recover possession of certain premises situated in Fredonia, Chautauqua county.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This was an action of ejectment brought by plaintiff, as sole heir-at-law of Laura Sellick, deceased, to recover possession of certain premises situated in Fredonia, Chautauqua county. The premises in question were conveyed, in 1861, in trust to the trustees of the Methodist Protestant church of Fredonia, and their successors in office and assigns. The deed contained this clause: “ The above-described…
1Opinion of the CourtMiller, J.
By the original conveyance of Mi’s. Selleck, the grantor, the land therein described passed to the Methodist Protestant Church and to its successors and assigns, subject to the condition therein contained, which declared as follows: “ The above described land being designed for church purposes, it is understood and agreed that the seats therein shall be forever free for the use of any and all persons to occupy in the capacity of worship ; but if the scats of the said church to be erected thereon, or any other church thereon, shall be rented, or sold, then the said above described premises…
2Cases cited2 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
3Cited by22 opinions
- Raley v. Umatilla CountyOregon Supreme Court · 1887
- In re Schenectady Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
- Conger v. LoweIndiana Supreme Court · 1890
- Smith v. BarrieMichigan Supreme Court · 1885
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