Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming

Appellate Division of the Supreme Court of New York

Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming

260 A.D. 930, 23 N.Y.S.2d 46, 1940 N.Y. App. Div. LEXIS 5502

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1940

StatusPublished

Cited by1 cases

This text of 260 A.D. 930 (Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming, 260 A.D. 930, 23 N.Y.S.2d 46, 1940 N.Y. App. Div. LEXIS 5502 (N.Y. Ct. App. 1940).

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Opinion

Plaintiffs appeal from an order dismissing their complaint on the ground of insufficiency and from the judgment entered thereon. Order and judgment unanimously affirmed, with ten dollars costs and disbursements to the respondent. In this action for a declaratory judgment the plaintiff church seeks to enjoin the defendants from levying execution on its real property on a money judgment, and other relief. No statutory provision is contained in the law expressly exempting church property from sale under execution, and the safeguards provided by the Legislature against voluntary sale, mortgage or lease of real property of a religious corporation do not exempt such property from sale by operation of law. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ. [174 Mise. 473.]

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Plaintiffs appeal from an order dismissing their complaint on the ground of insufficiency and from the judgment entered thereon. Order and judgment unanimously affirmed, with ten dollars costs and disbursements to the respondent. In this action for a declaratory judgment the plaintiff church seeks to enjoin the defendants from levying execution on its real property on a money judgment, and other relief. No statutory provision is contained in the law expressly exempting church property from sale under execution, and the safeguards provided by the Legislature against voluntary sale, mortgage or lease of real property of a religious corporation do not exempt such property from sale by operation of law. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ. [174 Mise. 473.]

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Bluebook (online)

260 A.D. 930, 23 N.Y.S.2d 46, 1940 N.Y. App. Div. LEXIS 5502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rector-churchwardens-vestrymen-of-church-of-nativity-v-fleming-nyappdiv-1940.

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