The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-16
Supreme Court-Gcnernl Term.
Honorable Judges Mitchell, Up. J) Morris and Clerk

presiding.
TRINITY CHURCH CAsE-DIsPUTED TITLE TO PROPER
Now TeE Ss.es an and ss D.: The
People Of the State Of Nsw York, and the Corporations Of
Su q me ss =" NeS ass come. un o
demurrer to the plaintiffs complaint. The plaintiff in
person, and Mr.. Sullivan, appear in answer to the de-
appears for the people, and Messrs c. P. Kirkland
B. F. Butler for Trinity Church. The action, which is
Of March, 1852 1t was brought by the plaintiff as
Of the descendants and heirs Of Anneke Jantz for hun
self and for all others having the like interest with him
Corporation and Officers of Trinity Church. Its object
is, first, through the fundamentally Of Judgment
pal defendants, and in they shall fail to comply
with such Judgment then by direct Judgment against
from the corporation all such parts of two certain
tracts Of land in the city Of New York, formerly
known as pominie's Bowery and Dominie's Hook,
held by the corporation, but such re-
covery to be modified not to affect the lessees
Of the corporation holding under unexpired leases,
be paid to the plaintiff and his cohcirs Next to obtain
from the corporation and its officers account Of all
moneys received since 1888 by the corporation and for
the appointment Of receiver and the granting Of
order tor injunction to for the benefit Of the
plaintiff and bis coheirs all rents and other moneys ac-
In the present state Of the case the defendants DE-
INJURED to the complaint, for want of any Of
people OF the state Of New York and demurcd to tie
complaint for want Of Jurisdiction and also for want Of
The plaintiff, states that his ancestress Anneke Jantz
widow Of the Rev Evarardus Bogardus, iu 1868
two tract, Of land known a. Bowers sna p o.
mnies Hook, including $50 Dutch The former
granted in 1886 to Anneke Jantx and her first hus
band Roelo Jansen, in joint tenancy and the latter IN
Jantz, by her last will and testament, on the 2Sh
January, 1Ges devised to, her children and
real estate, to be held by them and their
heirs or tenants in common. Sarah Roelefe
of her children Of Kicrsted nj them
the plaintiff is hneal descendant, and claims to be
titled heir to an undvdced portion of Sarahs share
which, In consequence Of acquisitions by her in her life
time, amounted to oneourth part Of the two tracts Of
land.
the Dutch West India Compsnys farm became the pro-
perty the crown and the right pos
tent. from Charles the second On the Sth Of May 1877
the corporation IL Trinity Church, created by char
ter executed by Governor Fletcher under the authority
Of King William the Third. By this charter there
granted TO the said rporaon the tract OF land lying
Of its cemetery in Broadway and extending to the
river and full power granted TO acquire property
by lease otherwise charitable prescribed in
the charter and 10 hold the according " the laws
sSnv ~ .sr The
perry vested In the cooperation held in trust for the
charitable uses therein expressed and not otherwise On
name Of King William the Third, made to the church
corporation royal lease for land, including Domnies
pany farm for the term q seven years upon the an
nuai rent o. sixty bushels Of wheat The plaintiff
hs.. on ne Psr OF tne corporation In knowingly
ceang the people the fact that IL had legal right
Of entry TO- the lease OF the 9th May l702 and that
the heirs Of Anneke JantK thereby from
ella ming their rights in due form Of law.
1be points relied on by the defendants are that tho
stated In the complaint do not show any ,rh
or title in the plaintiff those for whom he sues TO
the possession OF the rents and profits the -, AZ
issue or to any damages compensation for the c
PATTON thereof that 10 not shown BY the comnisiat
that the children and heirs of Anneke Jsntx frcrr e
OF whow (saiah Roeede) the plaintiff derives s alleged
titl- ever has any estate Of inheritance or anv title
whatever in or on the premises claimed; that The in
sirumeuts set forth conveyed title 10 the children ad
heirs Of Apneke Janz that the plaintiff cannot fs
On any title Of Anneke Jants under the Dutch govern
nent nor can any title be claimed under the articles Of
capuation that is not shown by the compain. N a.
the ever was, that the people ever were or
now trustees for the heirs OF Anneke Jantx that
the In the complaint do pot establish any
priority between the plaintiff and those under whom he
elaine and the church corporation: nor do they shov
any fraudulent collision between the ate and ts ON
GERS that the plaintiff and those from whom be claims