New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-23
LAW INTELLIGENCE.
THE BRICK CHURCH PROPERTY.

THE BRICK CHURCH PROPERTY.
SUPREME CoURr-srEeIAL ThnM-pEc' 2@--bei'r''sds
TIKI BRICK CHURCH CONTROVERSY TERMINATED IN
FAVOR OF THE DEPESDANTs.-sBALL WE HAVE
TIE NEW rosT-oFfIcE NOW
Robert II. Arkenbush and VIM ESre sst The A,yoI a.,
dernen and Conmonslty OF New-YoTk aud the Comms'
sioneTs of the Sinking Fund
The plaintifs in this case seek to nvadats the title
of Mcssrs Wesley Keep and James SO far as regards
the interest of the city in the Brick Church triangle,
and pray for an injunction restraining the delivery OF
be deed thereof TO these purchasers at the auction in
NAV. The points of the by this time familiar
10 our readers, who will find them discussed with great
u)Ipe,s in the annexed elaborate opinion, which was
delivered this morning.. The Court, it VIII be seen,
ordered dismissal Of the complaint, with costs.
ROOSEVELT, J-This suit !. brought to test the va.
Hdy Of the late sale Of The POT o. sSa.a on r.
not by the Corporation Of the city but by individual on
behalf of themselves and al other f s yspias F"nd The
plaintiffs aege that the consideration to De pad 70 ,ne o.
H. se complained or far below the real value Of me cry
d r;sbs Ia the premises and that the mode Of ehposss
Of tho.e rights, although noin.y oy p9ohc ,s,
sea II y bs s% Shares City aud the Church
BY private bsssn and ta the nns % ea
m. ecTeOUdns Increase Of individual taxation and ought
therefore Sy way bs pT.ysr Of the sompnt
me III. cnmpsnt The Commissioners of the Sinking Fund
a. ss S.ys nterpoe the Sand among
Others that admitting q, the & IN ms sion to the de-
cr,e which they SEX for. .. ~. .;,, I, f.s
,r,nle ABSOLUTE leased in perpeiuy al '. -
he officers OF corporation for the purposes OF & - sa
Srchysrd OF cemetery and subjected to the condon OF
ure should the parties At any time apply OF convert TIC
lame 70 private secular uses ., III, /, ga, yer.
nh ltss, in fee rights, II viii be seen weie
J o. tbs cit v; one sht t. reenter TOR noiPyneu
- ~, other ht TO Renter ioS breach OF a.,
Of the quesions--is wn1 Is tae go
chs,aer OF thsse erved rights, aud VINO aaa 'no
a. djsro.e i" Ssha manner ,o .,,ho,;tx VS.
By the city d. CO. duly passed n lSta s" IN and
s,xc 40 n. Cor,pis OF the Sinkns unu - nos
dispose Of all rs belOnsns 70 the Oo ss 10 Brci
IN Use for or re NJ public purpose ans' b;n tb,
Church property W.. purposes on t be
,,n s n, p sr ss ,sry innnciiOn Tae exception
was held had reference 10 the parks, squares ni.
AIMS bouse@ sasnehouses pcnon.res. aud otaot
an budnxs having general city character ~.
devoted 70 general city other thsn revenue ana
10 mounds occupied by particular denomination OF Chn'u
exclusive and special bereft and la which no eae
denomination ohe1 CONVERSATION Of the same
Gould paricips,e Such limited sud partial appropriation
was htd 'cservsisn 70, public use, Tao parpS.s
o., the ofthe "fst Presbyterian Chuca
purpose which boweser laudsbie WAS mot pueio pur
- ,pi,Ln the meaning Of the lsS In this country where
Of Chu-c and Stss eIdr is preseat hSa oil Gov
srnnsot 10 in edeot psohtAed $780,, g.. ..,,,,
.,S. ,sr III the AninS Of tho words reserved too poe
,prpsse," h esree Aeo " '3 ~ vac sss'r'Ss