In England, the parson is seised of the freehold and possession of his church, (3 Toml. Law Diet. 65,) in the same manner as the trustees of churches are in this state. (3 R. S. 206—215, 2d ed.) (a) But there, the use of all the pews is the property of the parish, to be used in common by the parishioners, who are entitled to be seated orderly and conveniently so as best to provide for the accommodation of all. The disposal and distribution of the
But in this state, owners of pews have an exclusive right to their possession and occupation for the purposes of public worship ; not as an easement, but by virtue of their individual right of property therein,(e) derived perhaps, in theory at least, from the corporation represented by the trustees who are seised and possessed of the temporalities of the church. The owners hold and possess their particular seats in severalty, in subordination to the more general right of the trustees in the soil and freehold. These rights are distinct and separate; and neither do they, nor the respective possessions growing out of the enjoyment of them, necessarily conflict with each other. (Second Congr. Soc. in North Bridgewater v. Waring, 24 Pick. Rep. 304.) The remedy by an action of trespass for a disturbance of the owner in the possession of his pew, is therefore en
Judgment reversed.
(a).
See The People v. Runkel, (9 John. Rep. 147.)
(b).
6) See Heeney v. St. Peter's Church, (2 Edw. Ch. Rep. 612, 13, and note.)
(c).
See also 2 Stark. Ev. 628, et seq. 6th Am. ed. and the cases there cited in the notes.
(d).
See 2 Bouvier’s Law Diet, 261.
(e).
See Freligh v. Platt, (5 Cowen, 496 ;) First Baptist Church of Ithaca v. Bigelow, (16 Wend. 32.)