Green v. Cady

9 Wend. 414
CourtNew York Supreme Court
DecidedOctober 15, 1832
StatusPublished
Cited by5 cases

This text of 9 Wend. 414 (Green v. Cady) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. Cady, 9 Wend. 414 (N.Y. Super. Ct. 1832).

Opinion

By the Court,

Nelson, J.

Without enquiring whether this religious society was duly incorporated, or not, I am of opinion that the plaintiffs had sufficient possession of the meeting house to entitle-them to maintain trespass against the defendant. Admitting that they were not legally trustees in pursuance of the provisions of the act regulating the incorporation of religious societies, 2 R. L. 212, they were trustees de facto and as such, had possession of the house according to the fourth section of that act; and that possession being under colour of right, was sufficient to entitle them to bring a suit against a trespasser. 9 Johns. R. 147.

Judgment affirmed, with double costs.

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Bluebook (online)
9 Wend. 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-cady-nysupct-1832.