New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-11
CHURCH AND CITY AT WAR.
VALUABLE LAND IN NEWARK IN DISPUTE.
FORMS OF COLONIAL GOVERNMENT coMPLIcATE
THE CASEY

FOkMS OF COLONIAL GOVERNMENT CosirliOhiH
THE CASEY
Counsel for the Fist Presbyterian Church Society OF
Newark have filed bill OF particulars In the SUIT
brought by the Mayor and Common Council Of Newark
to eject the society possession OF valuable tract
Of land in the heart OF the city and known as the oa
Burying Ground property Joined with the society In
the suit also the second and Third Presbyterian
churches, of which the Firs: is the parent church,
parcels OF land having been decided to these two
churches. and certain tenants occupying buildings
the property leases from the First church.
The first government of the Newark Colony was that
OF the church In 1896 the Lords Proprietors Of
East jersey gruntca 20 John Curtis and others,
trustees behalf Of the town. certain tracts to be
Used rs a public common, WATERING place, market
place and public burying ground. When the church
and government became separated the town retained
training ground NOW Military Park and the market
place now Washington Park, and the church remained
Ia possession OF the old burylng ground, with Us
frontage in Broad and Market sts since occupied by
stores and dwellings The city assessed taxes on this
occupied property for many years, thus recognizing the
church society at the owner. Buna in the old bury
Ing ground ceased before the and the ground lay
neglected the graves being tramplcd upon and The
headstones broken
Some % the first settler rcposed In II as well as
number Of Revolutionary soldiers, but neither the
church society nor the municipality took any care NJ
of ownership was revived. Then the City Cou1c
PASSED resolution TO remove the bodies buried in the
ground 10 Paramount Cemetery. Representatives. OF
the church opposed this step and fled bill IT. Chs'
oery The matter decided In their favor by Chan
cells Runyan, who In his cecision SAID that ING
grouud was forever dedicated TO the tenancy OF INC
dead The Court Of Errors reversed this decision and
the bodies were removed and decenty buried under
monument The decision of the court OF last reso7
settled the question Of ownership Of the old buryine
ground proper but did not affect the title TO the
Brood and Market sts frontages.
Last spring the City Council was instructed by the
Common Council to bring suit TO recover this prop
erty for the city. The City Council examined olo
deeds and reported to the Council that the city had
good claim. Proceedings were accordingly begun ara
the citys title the property set forth in bill in the
Supreme Court. The church society employed several
silfnl lawyers and have Just filed their bill Of par
ticuars
The first CHIN Of the society is adverse possession
for sixty years. another that the city Is esoppcd from
setting up title Cause It collected taxes and reeos
nized the church's claim in other ways The society
also claims title under various acts OF the Legislature
which give permission to sell parsonage land ana 10
convey tracts of the property TO the Second and Thru
churches. Deeds in possession OF the church are
shown, one of which. patent from tie LORDS ITO
prieos Is dated December 10, 1896 two indian deeds
dated July il 1861, which are a confirmation OF
former lost deed and some as late as 1870. Inc IN
dian deeds are for the entire tract now covered By
Essex and Union counties. They are signed BY
Wapamuck the sakamakec,' and "Wlsacksop' and
shenacktos." The consideration ior tue tracts con-
veyed consists Of fifty double horns powder enc
hundred bars Of lead, twenty tv ty carts four
barrels OF beer guns twenty plsto ;, ten AetSies
knives twenty hoes, $50 fathoms Of wampum TWO
ankers of LIQUOR and three Troopers Colts. one
deed calls especially for two guns three coats ana
thirteen hank, OF rum The suit Will be tried before
Judsc Depue, sitting Supreme Court Judge with
ury In Newark.