, 1874-01-20
CHRIST CHURCH.
It Was Sold Under a Trust-Eecd
Saturday for $4,000.
Tho Counsel for the Other Side
on the Situation.
He Does Not Give Up tie Battle

TuE TRIBUNE announced Sunday that
| Christ Church was to lave been sold
| Thursday. on account Of tho non-paynent OF
interest on a mortgage for 825,03o held by tho
Presbyterian Theological! Seminary. To-day il
takes pleasure in announcing TINT the church
| has seen SOLD under another mortgage, or rather
| trust decd. Tho sale took place last Saturday,
| but the fact did not become kaowt until yestor-
| day, to any but those who wore prosont.
| Some time in 1871, q trust decd WIS given to
31r. Vaughn, Of Rhode Island. to secure loan
Of $500. made By the trustees FOR tho purpose
| Of keeping tho church in repair, mud making an
add ton to it. The decd lad year to run, and
at the expiration Of that time the Trustees. it is
said, we're unable to command tho fluids to take
it up. Mr.. Vaughn demanded hia money several
times, and as it could not be had ION account
Of the panic md tho hard times" tho
1rustoos decided to let tho property be Sold
Au adver tiEemeDt WAS inserted in the journal
aud anotller paper, tho Law complied With, and
at 10 o'clock Saturday morning. tho hour
nounced for tho sale, several pcrsoxs. perhapB
four, were present at tho east door Of the
Court-House. T4o property was put up, aud
knocked down to William AIirich, OF tho firm Of
Stewart. Aldrieh i Co., for $500, he, of
COURSE buying it subject to tie mortgage Of
s25.0oo held Ly tho Seminary, Subsequent to
tho sale, tho interest duo on the 1000 mort
gage was advanced by some ono, who,
il WAS impossible 10 learn, ind the ealo set Tor
1hnrsdny will not tako placo. It was thought
donied. hr. Aldrich llus paid tue. $4,000. and
tle title Of tho property is now in linl. II tho
proceedings hayo bocn regular and legal, the
salo il valid, and tho suit Of a. c. Oallsins ct a
ia practically at an end.
Having learned the facts given above, re-
porter called, last evening, on y. Corning
Judd, tho counsel for plaIntiffs, for
tho purpose of learning what lss,o he th.l had
Ain rrornrku hod tnaf, po1i nn1 rraa l,trrriaoE
when told that that was tue case Ho said The sale
contemplated under the S25, 900 mortgage would
not hasa beon valid; aud even il it Lad bcen,
the title to the property might havc beca disost-
cd, yet tho poraonA WHO Moro in charge of tile
interests Of the parish would have beon glilty
Of d brcach Of trust, for which they would hayo
been liable individually. Late Saturday PARTIES
| representing tho parish Of Christ Church Ind
gageo, who hold tho $25,000 mortgage, for
tho paytnout OF tle interest, and did. in fact,
pay It. If tue property lind gone iuto tho hnnds
OF an inuocent purchaser by tho aa!e OF satur-
| course, knew Of the fact. II thoro was no fraud
or colusiou, why did thoy pay off tho Interest
due Oh the first mortgage. whom tho title had
| passed out ot tho parish, ii it ilad 80 passed
faca Of tle transaction, and he lad no doubt
whether tho trust decd and tho sAle were
| valid or not, thoY would he voadod by reason Of
fraud. In lltH opiniou, it was d moan mud 1nis.
tho representatives Of Tho church would lesra
tint they would not bo a0lo to avai! tlleIaselyes
OF any such move. The effort to divert tue tstlo
OF the property into other hands WAS tartamount
to an admission that dofeat in the ponding suit
blow, which Was faat approaching. II
any steps wero taken to deay the 'cnao or
! to iutosfere With the legitimate results. pro-
oocdings would II onco DO instituted to enforce
| tho riglts Of tla diucQse aud at those Nlo had
property interest iu the church. The result
might 10 postponed, but in tho eud tho authority
of tho Cliurcn, and tho interests Of those con-
cor1sed, would DO yInlicated.
The suit pending IL to an join tho wardena and
yestrymon from permitting Dir. Cheney to use
| tho Church, und to auion hiu, frou ualuE y:
Alr. Judd said, this heng tact, tho suit would
10 practically sdod q t tue aele wore seEag%r % na ~
| means stop other proceedings.
Tlle arguments III tho eaAo uro to be hoard on
the 4th OF February, and ii In probable Tint hlr.
Fuller, tue counsel OF the Trustees will toll tl!e
Court Of saturdays sale, and ask tint tlio pro.
own lilo property. Should he do 10, Alr. Judd
| BaYB. lH purpose will be tAwarted.
Mr., Judd mid further: Tint lso should not 70
| at all surprised If tho sa!e vera yoil, aud h!s
conviction wan that 1t would bo found to be 20,
independent u any fraud or colluaion. II Tho
sale should provo to 10 binding lo had no doubt
tho Wa1dons aud yeatrymen would DO porsoually
charged with all tho Consequences following.
Alortgagea aud trust doeta executed by religious
organizations wore haMporod by Law, ,alid were not
Wild unless tho requirements woro strictly CON-
plsed with. lilo had beon told that tho 1'rllBtoea
had Amplo means to pay OIL tho indebtedness.
still tho outlook FORA. o.Oalhins IL hnxy fort Ia
not likely tint tue Trustees and tloir atylhcr.
Mr. Fuller, would net in looHe or caroloBs way.
They l,ayo stolon q masph on tho enomy and the
cradle Of the reformed Episcopal Church will
continue undor the control Of itH friends.