New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-14
LAW INTELLIGENCE
SUPREME CoURT-sPEcIAL rESS-Aprh l2-SSiS''
judge DAVIES
,tcurs vAurT OWNERS.

The Commissioners appointed to make the a~n e
istd Between Nassau street AID PARK ss Of $500
q BE- Ss' a., h1H The is 'Sf Referee s.so
Ruxgles esG, L before he Court for eon1rna1'n -,
s,,ea n e. TO ,bs mi.ers and q tho Pre-
bytersi Church o the 2Sh e February I706 -,
church oa land conveyed AID portion Of hs pssn
fer and that they should At NJ time ATpT no
TE s'l,r eobtO tho ugh tbs Decd docs not sppeG IN
tie original petition to the Common Council or the rsPoH0
Oh tie Sic, Of Ausu,t 1884, hi. property assolis,
b 3 on Ma, 90 to The BIk Presbysss,a CAaroh
The Trustee, The Fist rresby chuch sPpeH. By
owLeh ", re- FORM Of al TIA; 'ms parcel Of sriued IN
Ger The earth TO be u.e as vault tor he o. s
with liberty and q opsn the ground or
the Iurpose Of making ipierneHt' &c h'oenaan s1d
vault .ef Of land ana precinct, hereby sran''d 70 tho ''
HE second class in form OF Lease FOR s' yea o. par
CO o. around The Inrpse 81 construr ia sval re
reser,us yearly Of OF Indian corr .a po.so
that the lefee. ,hsl Dot spprpts'e the s,d any
Dsvrss J.-Afe holding. IN conformity with The Rs-rees
o tbs, Ne Corporation Ct the Cry o, Nssi orr a.. 10
tho tud In question, stated The next and serious
tho re,rec,v. rizhts Of the Brick Pr.sbytsn
urrh the III the sad fund.- ms eahno'
b, tsrer stared than in the words OF the het-se; ,
"t claimed behalf Of toe vault owners that the grants
,or he church were iltsnSed 70 CONVEY AMI did Legally
vey the land cccUIsd by The vaults ad nr
t the clurch retained interest 10 the land
So coLyeyd esnuot rshtuy clsn any portion 81 toe
.um awarded its value but that said ysut-own-eo en-
titled each to their Tstable proporeo OF ,he gun
Wi b0rle By the OF tAe Land occupied oy SAD
,se!s and .el' ne area OF zoe SS es ssn Ts
claim ooute.ed by the church the ground h, tae 81 ms
OF he intended to eonye, and did not convey
any lcIton II the legs Zee but only privilege or
the land bury the dead that the whoo legal estate ~ the
Land the chur H. subject only such pviese OF
eame ard that the possession of of tbs vault owners
VINO rroduce ersnt W P,yer tte proves oay .na '
rsns hey erjoyiDgs similar privilege or eassnept
The vs1, ow e suppohs tn.t ta' chaica IN
teu6ed convey did, in tct convey any Poon VI '"' ~
From the rs.Outors Trustees s.hsr that W. thet
ineron piece OF ground l3 BY ti for the purpose Of
burial
aid rohns for thai tsTpos eteep the tisa nA'o
sters into hs vault ard scctss 10 Il for in.crnens
II NAV $50 be trs,uned thai eash vsu, received from
the church deed smls to those pIodaGc-hs are Nsa,
owr,rs whose title ned previous 20 I Ike that 10 pewts
Al ard the whose title Ia OF uoseqaen'
dsie lie thee OF the Mes,rs A,h snd Mr. Irving b.,
TIE question ems ns; what es,sie ws' ssneu ''
u.ese oonveyarces to tho grsut>es by the Church .
1t an Incident at Colnon Law 10 svsy -
bsve the jns dprena OF Ill lands aud ehatte' wnnh vas
taken sway in England by 'sa' disabling se'' "'h nav"
r.y Lee.s they may constitute part of the common law
here Nv virtue OF general rule applicable to statutes gad
in be GedeTst Church " Mott Paige 49, the Char: eor
holes that religious corporation eanto, MAKE IN
fee without Of the Chancellor and previous 10 'h'
Vim rrsrce TO the estate actually granted The Referees
p.ce de.ga.ed and such having terminated BY tho
prorerys teng tskeu for public use, compensation mus %
On tie ssuu pO1 that this the character of the iaeres;
he'd BY hcse su owners the amount OF %
pt ueises .Asd with toe report in this repect
To that PORTION q he report in reference to mo cin OF NO
soc SheTw od have hug .dd fully rins therein
Jsf for the aon e the ia all respect. and Tor
allowance Of reasonable eonrs, re out OF INC ''"a
SUPERIOR CoURT-GESxsAL TEEA-ArarL ia-Pre''nt
ell the judges.
DECISIONS.
Fl,bs Rueiuar AIT Us AS9r lUsurs ce Company o; al
New trial. il the assured shall eject: New uiai Oh
seth Gro.vsnor ss,. The Atisatc suIsnes Conpspy
judgment upon the verdict 'or planth iO the amount
of tie with uteres from the tune the lossWa pay
W. sFfcfn TERm-Bef,rs Chief Justie, OAKLEY.
hv 49, p inn denied.
Priestly agt- BDrd er.-Afidavt to be amended, or
ons srnnted.
Townsend pgt. HaPpoch.-MOtiOn granted-suPple-
Before Judge BoswoRrn.
PRAcrIcK-REFEREE REPORT.
Blydebburs h ssL BOrst
TIE fierce has reported the s'ng" issue referred
r that another nc ion wa; pend tor the 's cause wasn
be argued. that the Faotin eannot ME compliant an
TIE eci.cn withou leave OF the COnr That bery he
Court can giant ard doubes, would showo No
der been made osconuiEg the st loton and too defend
MOTTO. fo that iuIee An order will be entered in this so
iion oorfruina report AID d.mi.srs the complaint
PLEADNGs-DEaURRER
Hsrsen sgt B,ysut
| Tbe defendant demurs TO the complaint, on the
grounds tbs, contain. several causes OF action Whsh are @
properly tied ard which not separately staei they al
belong 10 Of the classes IN sec oa iol as eoas
and o. not require srrssie pace. oi A lhey are o
tore gIroey United unless the mere iset may ney are no
| wtrd. as used il sub 5 OF section 1T
Actions the meaning Of hat sub Of section " arc not
mens IN section ls7 all the parties to the acu0a
require separate PLACES Of tra The requirement.
must exist to prevent demurrer being taken tho ground
that Thy sIe inpIoIoy uIied b.t Is Proyl.0n 70
remeds notion 10 have the complaint made more deuo
and oerts6 SHOW wha; precise pant Of il relied
stating facts constituting distinct csnse OF acton JUG
viii lie gwen r the plaintiff with liberty TO the Defendant
| PLEADISGs-PARTIEs TO An ACTION.
| JacOJsohn at. StTskowitch ard vie
The complaint states contract made by plaintiif
| Il nv and with tlo
her husband, By which IL was areed that she saoed
" the S2s &C. one gs'f s.esp tue so % o 70
be tIlowed tor reposs when she wss 70 DO paid zuv'
10 L srpied OF tie ast engagement; that thu
wife ,aLs motifs AID paid for e IN foil tS.s .he 70.
fusss the damage TO the plaintiff to tho iDo1nt
Sscoet-fOr which sum and the s0 francs sS'tnssd
ant sepsraey demurs By Gsbrah tho xtorney Of each
ard assigns oI F.s That the eo@snL does MOI
eis constituting sesnse Of seton sssod That husband an
cause of seton against the husband to the extent
ceived ~ him having been paid TO bis wife Oh contract
In,de with ber with his assent aid a2pobaton 10 render sn
orey back Whether liable in damages for Dor ofa~a
tster &c Of as contract - as9cs.sy %
Or tie lace Ct tie complaint Of action stated
asnst But she By attorney separately
sd cenur lie demurrer hei should have been pat
b. husssDG and wife tC"e sec I'D That dsaufIef may %
i6r.wp proper form Pot H. she 10 uot 1scss-
.sy proper parry the made BY the compliant Taere
sosfect ysT1ss parry demgr complaint, wnen
srtesss ths there defect Of psrre' plaintiff
defendant" Ih'- the erect "hSh
tie complaint defective % eres" L. deocuSe
respect parties WHEN ads party who nsithef
Necessary rrorer PARTY Demurrer Of EnsoaLd sas
wit co,ts with berty 70 withdraw demurrer Of tha wife snd
at Il proper form N Green days Complaint msI %
Gei IN ten oeys which event toe hGlb.ds c"sS Of '
I cemuEre1 10 at.de cstlt-
! PARTIES TO AcTIos-PLgADIsGs.
L. s. Levy, executor sgt Wese-ye. BoSirt snd otners
The plaintiff was compelled, by order OF the Court,
ueks Rsbacca Levy srty and she ae "a 20 ae com
siut grounds that doss hot sac ees c'H' tls
ears4 her; that 81 70 not s1oh ~ nave say
r,stsst in the controversy and thEt 10 rels souSnE .g.
/ Lsr.
psi tresf. IN udg which b redeemed ss.iast
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