New-York tribune., 1881-12-03
CHURCH TROUBLES ENDED.

HAPPY RESULT OF STOCK SPECULATION.
| SETTLEMENT OP A LONG LITIGATION BETWEEN THE
MADISON AVENUE AND OLIVER STREET BAPTIST
CHURCHES
One OF the most extraordinary and longest
continued church tgations record in America that
between the Madison Avenue and the Oliver Street Bap
Churches has just been amicaty concluded 1t began
nearly twenty years and since 1868 has been hOty
waged having been carried three times to the Court OF
Appeals.
Ine Madison Avenue Church built its present handsome
structure when property I'm the vicinity Of MadsOn-aye
ana Thirty y-firsst worth much less than 1t is at
present The society, however found heavy debt still
hanging over the edihce; and when 1862 the Oliver
Street congregation looking for convenient site
uptown to which 1t could remove it occurred to some Of
the pr0mnen members OF both churches that 1t would
be good thing for them unite their two organza
TONS leading feature Of the union was that the
property Of the Madison Avenue Church
should be conveyed TO tho oliver Street
Church. The assets OF the two churches
were OF about the value. Most Of the trustees OF
the Madison Avenue Society, at the request Of small
minority Of the corporation, made application to the
supreme Court for permission to convey tho real estate
OF that church to the Oliver Street Congregation which
the Court granted Thereupon the trustees OF the Mad
son Avenue Church executed deed OF conveyance to
the Oliver Street Church OF the real estate consisting
OF the church edifce and chapel at Madson-ave and
Thirty y-frst-st
In November 1862, the Oliver Street Church entered
into possession of the premises under the deed thus made
to hem the idea being however, that the members Of
the Madison Avenue Church should continue to worship
there. But much dissatisfaction arose over what the
Madison Avenue people claimed a breach by the
Oliver Street people OF the understanding which the
two churches were to como together This difference
led TO an investigation Of the proceedings under
which the deed OF conveyance was given. Lawyers
were consulted on both sides The counsel othe Madison
Avenue Church members advised Their clients that no
conveyance had been made that the order granted by
the Court was In direct violation Of law that the
satutes this State absolutely forbade the alienation
OF tue real estate OF churc IN the manner and Tor the
purpose attempted In this Instance. The Oliver street
declined 20 surrender the property until at least the
Court should pass upon its TILE The Madison Avenue
Church brought suit to es the question in July 1868.
Meanwhile the Madison Avenue society had leased the
Home for the Frendess, where most OF IT'S members
@ @ PC m cr 1 year %S $50 e and tS S
1872 that Cont decided, unanimously that
4fFe had and r'3sfes osSGrsbp T5 the PS
in ihe Madison Avenue Church; the occupation and and
be withheld until the ,ate OF the accounts between the
two societies should be ascorained and adjusted The
account, finally determined upon IN 1876 by the su
perior Court General Term. showed the Oliver Street
Church Indebted to tne other church Tor S9,sOo.
On November -, 1876, mo Madison Avenue
Church entered into possession OF ITS property,
which 1t has since retained. The Court OF Appeals re-
be made up without giving the Madison Avenue Church
credit TOT rent Tor the fourteen years tha tne O.ner
made under tins plan In November 1875 ~ LETT lhe
Madison Avenue Church indebted u the other church Tor
100000 Each side during the litigation had spent over
$4,000 In legal expenses, and the Madison Avenue
Church determined carry the matter "a third time To
the Court OF Appeals.
Before the ease came on he argued, however, the
Madison Avenue society finding itself in financial posi-
tion ia when IL easily could aord u make settlement
concluded To do The other society was wei Sdtb
to stop litigation on terms which seemed So adNan
tageous ~ sc and the details were arranged without
difficulty. The whole amount of the judgment In favor
q the Oliver Street Church would amount TO about
$4,000 1nc settlement was made FOR S67,OoO ana II
cousuumated .crday. Each side appeared to be
satisfied with the adjustment, aud that tie long cOntro
yersJ was over. The Madison Avenue Society Will con-
edinre The other society under the Rev. Dr. Elder Is 10
build new church edico at SlXty-fOurtb-s anu Mau
son-ayc.. and take "a new name
The circumstances under which the Madison Avenue
Church secured the to make TINS se'encnt easily
are peculiar and interesting. In March. 1873 when
this uuurCh confronted with reversal by the Court
ef Appeals which might result as was estimated IN
to IL OF S5O0D0 the members at once raised that
sum and invested TO await the final decision OF
tie Court jeremiah MlDank ard one or TWO DINERS
church took upon themselves the responsibility for the
investment and put the money In d. fau RAILROAD stOcA
hu n was very low. The subsequent great increase IN
IN. value that enabled thcm nearly to treble the
value of their fund. Tie consequence was that the
church was enabled only pay of the S6 900 10 the
other church and put The latter upon good
financial basis but To leave the Madison Avenue society
"A handsome surplus beside. AZ one OF the prominent
members Of that church dryly remarked yesterday, We
BaptstS always dld lay great store by ot PaUi. Mr
MbGnk, when questioned as to tho details OF the III
yestment expressed unwungnc5s to talk OF II fnr-
10 say that the Investment not in any sense church
speculation.