New York Court of Appeals
The Madison Avenue Baptist Church, and v. the Baptist Church in Oliver Street, and
March 19, 187873 N.Y. 82
Summary
The Court affirmed that the Supreme Court lacked jurisdiction to order the conveyance of the plaintiff church's real estate, rendering the conveyance void, and held that the plaintiff must restore to the defendant all consideration paid. It also reversed the lower court's accounting and remanded for a new accounting based on equitable principles governing mortgagee possession and reimbursement of debts.