HARPENDING v. THE DUTCH CHURCH


41 U.S. 455 (____)

16 Pet. 455

SMITH HARPENDING, AND OTHERS, APPELLANTS, v. THE MINISTER, ELDERS, AND DEACONS OF THE REFORMED PROTESTANT DUTCH CHURCH OF THE CITY OF NEW YORK, AND OTHERS, APPELLEES.

Supreme Court of United States.


Attorney(s) appearing for the Case

The case was argued by Mr. Eaton, and Mr. Coxe, for the appellants; and by Mr. D. Lord, Jr., and Mr. Wood, for the defendants.


Mr. Justice CATRON delivered the opinion of the Court.

The respondents rested their defence below on a plea in bar; that they had been in actual adverse possession of the premises, in regard to which they are asked to account and make discovery, for forty years next before filing of the bill. The plea was sustained; and from the decree there was an appeal presented to this Court by the complainants.

1. They insist...

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