267 N.C. 74 | N.C. | 1966
These same plaintiffs instituted an action against the Clinton Piner faction, T. 0. Terry (“purported pastor” of Davis Church), and Davis Free Will Baptist Church, Inc. on April 22, 1964, and this same controversy was before the Court at the Spring Term 1965. At that time we reversed a judgment overruling the
In this action, it is clear that two different plaintiffs have attempted to assert separate and distinct causes of action against the same defendants, yet one of them, Conference, has not succeeded in stating any cause of action whatever. Civil courts have no jurisdiction over, and no concern with, purely ecclesiastical questions and controversies.
“ 'An ecclesiastical matter is one which concerns doctrine, creed, or form of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of membership, and the power of excluding from such associations those deemed unworthy of membership by the .legally constituted authorities of the church; and all such matters are within the province of church courts and their decisions will be respected by civil tribunals.’ 76 C.J.S., Religious Societies, § 85, p. 872. . . .” Conference v. Miles, 259 N.C. 1, 10-11, 129 S.E. 2d 600, 606.
In the Statement of Faith and Discipline, it is provided, at page 45, that the board of trustees of each local church “shall hold title to all property, maintain all legal rights to said property, convey said property in the discretion of a four-fifths majority” after notice to the regular quarterly conference of the church and to the public. Thus, Conference has no rights — and has alleged none — in the real or personal property of Davis Church. Whether or not Davis Church is a member of the Conference and subject to its rules and discipline is clearly an ecclesiastical matter. Conference has, therefore, no justiciable controversy with defendants. See Conference v. Allen, 156 N.C. 524, 525-26, 72 S.E. 617, 618. It follows that, since no cause of action is stated on behalf of plaintiff Conference, there is no misjoinder of parties or causes of action. Wetherington v. Motor Co., 240 N.C. 90, 81 S.E. 2d 267. See Shaw v. Barnard, 229 N.C. 713, 51 S.E. 2d 295; 1 McIntosh, N.C. Practice & Procedure § 1188 (Supp. 1964).
The subject-matter of this action is the physical property of Davis Church. “ ‘The title to the church property of a divided congregation is in that part of it (whether a minority or a majority) which is acting in harmony with its own law; and the ecclesiastical laws, usages, and principles which were accepted among them before the dispute began are the standards for determining which party is right.’ ” Dix v. Pruitt, 194 N.C. 64, 70, 138 S.E. 412, 415. Accord, Conference v. Miles, supra; Reid v. Johnston, supra. See Note, 34 N.C.L. Rev. 337 (1956); Dusenberg, Jurisdiction of Civil Courts over Religious Issues, 20 Ohio St. L.J. 508 (1959). In a controversy over church property, the courts will inquire into ecclesiastical or
The judgment overruling the demurrer is
Affirmed.