New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-11-17
LAW INTELLIGENCE.
THE TRINITY CHURCH PROPERTY.
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Christopher c Kier.ted sgt the Rector. wsrders &c. Of
Trinity Church in the CRY q New York, imPedsd with
the People OF the State Of Newfork
Byone of the heirs Of Anneke Jantz, to recover
possession Of what were known as the Dominic
Bowery and Dominic Hook Farms between Warren
and Christophersts., already referred TO.
1t appears that a Law was passed by the Legisla-
ture last winter authorizing and directing the Attor-
ney.General to appear on behalf OF the State as
party to this suit.
Mr.. Hoffman, Attorney General, addressed the
Court yesterday, on behalf of the State. His object
he said would not be TO support the claim OF either
party but merely to argue the demurrer, denying the
right to sue the sovereign people OF New-fork Also,
that il the fee in the British crown at the peace
of l7s3 and the State assumed all the rights OF said
crown and Trinity Church is the lessee of said peo-
pie, third party cannot maintain this suit, as If the
landlord chooses to continue the tenant, the latter
holds it against all the world. It may be, il it is
found that the State IL entitled 10 the property that
proceedings may be entered by the State against the
Trinity Church corporation for itH recovery he did
not think, however, that the present suit could be
maintained against the State.
Mr.. Sullivan, for plaintiff, then addressed the
Court. He said that the Attorney General had not
taken the proper view of the eafe- Plaintiffs not only
say that Anneke Jantz was seized Of the property,
but that the British Crown assumed il in trust by
special proceedings for the benefit of her heirs for
ever; and that paper parchment shown by Trinity
Church, as containing deed from Lord Cornbury,
British Governor of Manhattan, could not be a deed
because It was not signed by the Governor, the seal
was not affixed by him, and his giving deed in fee
would be directly contrary to his powers, and he
could not therefore, II is to be presumed, have in-
tended to give deed in fee. 1t was shown that a
esse had been given to Trinity Church at rent OF
sixty bushels of per year, and that said lease
was renewed by the successive governors during the
terms of each, and that the property was held in
trust pursuant to the terms OF eaptuation, and to
the Of confirmation, for the benefit Of the heirs
and so continued till the transfer to the people Of
New-York at the peace Of l7s3. Mr.. Sullivan con-
tended that nothing had occurred to render that trust
void that the fee of the property Is in the heirs, and
the Corporation of Trinity Church are amenable to
the present action for its recovery That the suit Is
proper against the State be gave precedent where
one of the Kings of England permitted an owner IN
fee to bring action against the Crown for its recovery
and Judgment was obtained against the Crown; In
the same way the sovereign people Of New-fork, by
the law of last winter gave permission for the suit to
be brought against the State, and will abide by the
Judgment, after trial. Of the Court. The further con-
sderation Of the argument was postponed to Monday