The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-11


Vice Chancellor's Court.
Before Vice Chancellor McCoun.
MAnca lo,Gsorse Lor.nvs The Tsustssset ns Ger
msr Reformed Church in Ms Cry q Ns'o York; e s,s
chase mortgage the church for 5000 The defen-
dants ask to come in and defend the and the
question now before the Court was. whether the per-
sons who had charge Of the temporal affairs Of the
church, at the time the mortgage given, the
binding on those who have charge OF the church.
appears that controversy arose between two sets of
men In the church one claiming to he the legitimate
rustees having powerlto manage It's affairs and the
other maintaining the claim in their own behalf
This dispute gave rise 10 bill in Chancsry and the
and the case was dismissed because the compliments
we're not proven TO be the Legitimate trustees. The
compliments might be called the Gable" party for
they headed by Mr. Gable and the defendants the
"Mler" party, for they headed by Mr. Miller An
appeal then taken from the Assistant Vice
decided that the Gabe" party were the leg lima trus
tees and he allowed decree to be issued restraining
the defendants forever from exercising any control over
the temporal affairs Of the church, and also requiring
them to account for the property while they were in
possession Of the church. &C. Ansppeal was then takea
from the decree othe Chancellor to the Court Of Errors
and that Court by almost unanimous decision re-
verscd the decree OF the Chancellor and decided that
the defendants were the climate trustees aud entitled
control all the properly ofGad church. Before going to
the Court Of Errors the gave nnd
cred the compliments all fthe property othe church,
to do by the Chancellor. While the compliments as
trustees held Of the property Of the church
they obtained permission OF ChAnc0lOr 10
the church for IS OOo they borrowed that IRON
feet Of the decision in the Court Of Errors
the property g. but previous to this the companants
having failed to pay the interest proceedings were CON-
to iOsoss the mortgage and decree
son This petition is, therefore, presented by them,
asking that they May be allowed to come in and defend
the bi and alse to show that the "Gable" party had
no right to use the corporate seal of the church.
The Court say that there i: one aspect Of this case
70 ,ne %ho
have properly the right to defend this matter were never
notified to appear. This point his Honor argued at
stand at present would effect the title of the person
who should purchase under the foreclosure There
still another point in the appears from the af
davits that the "Gable" party did Judgment
until they knew Of the decision Of the Court OF Errors
Mr. Loves counsel being present when the decree was
pronounced. The Court thought would be for the in
ercs Of all parties that this decree should be set aside
without regard to the merits Of the He then
erred thereto andN questioned whether not mort
gage given under sAch circumstances is valid and bind
ing Of which he entertained serious doubts He then
cited prove that parties who were
would be binding as though they were trustees de
jure He said that the principle seemed to be that
when trustees were in possession Of the property
of a corporation, the Courts will allow acts done
from necessity to stand though they are not trustees de
jure but hen they perform special right 10
inquire whether they were trustees de jre de aco
He argued that they not called upon to perform
raordnary acts They might perform certain acts never
they come to mortgage the property II 10 serious ques
ton whether not they are gifted with any such right
1t Is also questioned whether the money obtained from
Mr.. Lovet went to the of that corporation whe
Their 1t was put to other uses would appear from the
petition that $1,000 would have been sufficient to pay the
taxes and put the church In repair The complainant
had incurred counsel fees TO the amount Of about
which brought about 10 litigation with the legi
mate trus ees Il incurred for the benefit of them
selves to enable them to carry a litigation in their
behalf. His Honor thought that MIR. L0vett might
have a good claim for the ST 600 but he was not SO clear
in ard IN Tho G Ha hat hasa
he felt bound to let these defendants in
and defend the bill Ordered therefore, that the decree
be ssde and that the petitioners be permitted to
pear by their solicitor and put in answer; costs to abide
the event
exceptions taken to Masters report Ordered that
the exceptions to the Masters report be allowed with
costs 10 defendants to be taxed.
james "A. Dorr Philemon H. Frost ct ols-Ordered,
that the injunction be dissolved aso the defendants Dick
erson, Churchill and Bodget costs to abide the event
Edoard Radcliffe ct ais C. Reuben Ro,ciey Ordered,
that the demurrer be overrued with costs and that the
defendants have thirty days to yer the bill
abraham Hatfield rs. John M. Bioodgood-This case
came up exceptions TO a Masters report Ordered
that the FIRST second and third exceptions taken in
swer be dsallowed and that Masters report allow
be confirmed and farther that the fourth and fifth excep
tions BIO allowed and that the report stand overruled
in respect to the allowance OF the fifth and sixth eycep
tons to answer for impertipency.
james r. Palmer ct ais VS.. John Elliott ct ais. ana
Francis a. Paimsr ais. John E.on Fl ais Decree
ssrsin to have been properly died. as continuing one
bill that Francis Palmer bear
costs of the suits aud be discharged upon any other
claim upon the notes in the pleadngs mentioned, and
upon James Palmer paying to the attorney Of Elliott
in the suits at law the taxed costs of these suits In
cluded in the Judgment and the Sheris fees upon the
execution sued out against him at the time he filed his
BILL that then he be paid the costs in the suf in this
court to be taxed out Of the moneys brought in and de-
posted with the Clerk Of this Court by F. A. Palmer
being the amount of the two notes In question; and
that be referred to Master to take proofs Of the titles
OF the respective claimants upon the notes. and to
and to which OF them the belongs,
&c and ali farther directions respecting the money and
the costs Of the bills in and Of the references
and subsequent proceedings to which OF the adverse
claimants shall be charged herewith are reserved.
United states District Court.
Before Judge Belts.
MARCH l0.The United States John Peters, ct. al
This action brought by the Government against
defendants on bond conditioned for the payment Of