Trustees of St. Jacob'S Lutheran Church of Eden v. Bly
New York Court of Appeals
Appeal from judgment . of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order overruling exceptions and directing judgment on a verdict. This was an action of ejectment to recover possession of certain premises upon which was a church edifice, parsonage and school-house, in the town of Eden, Erie county.
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Appeal from judgment . of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order overruling exceptions and directing judgment on a verdict. This was an action of ejectment to recover possession of certain premises upon which was a church edifice, parsonage and school-house, in the town of Eden, Erie county. Tile plaintiffs claim to be the trustees of the religious society known as St. Jacob’s Lutheran Church, of the town of Eden, and as such entitled to the possession and use of the church edifice, parsonage and school-house…
1Opinion of the Court
Church, Ch. J.
If the incorporation of 1867 at the house of Bitter can be sustained as that of the church congregation or society in question, there is. no doubt but the corporation thus created became vested with the title to the church property which had been before conveyed to the trustees of the unincorporated society by force of section 12 (4) of the act. The circumstance that the certificate, as recorded, does not appear to have had seals is not necessarily fatal to its validity. It was undisputed at the trial that it had seals attached when it was executed, and whether the omission…
2Cited by7 opinions
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- West Koshkonong Congregation v. OttesenWisconsin Supreme Court · 1891
- Ludlow v. RectorAppellate Division of the Supreme Court of the State of New York · 1911
- Reformed Dutch Church v. HarderNew York Supreme Court · 1890
- Second Methodist Episcopal Church v. HumphreyNew York Supreme Court · 1892
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