103 Neb. 755 | Neb. | 1919
Appeal by defendants from a decree quieting title in the plaintiff to certain church property held by them as trustees, and enjoining them from interference therewith.
In 1883, 1884, when funds were raised and the church building erected, the Freewill Baptist denomination at Kenesaw was an independent governing body, owing no obedience to any higher authority. Quarterly meetings, composed of delegates from two or more local churches, could admonish a church when, in its opinion, it became an alien to the faith and practices of the denomination. It could determine whether the church was worthy of its fellowship or not. A local church, being independent, liad the right to withdraw from the quarterly meeting and to join another evangelical denomination. This body would send delegates to the yearly meeting, which body sustained about the same relation to the quarterly meeting that the quarterly meeting did to the local church. Still higher was the general conference, a national organization, which aimed to consolidate the body, harmonize its different parts, and produce unity of
In the nine articles of the constitution of the local church it was provided that its trustees should provide for purchasing, selling, insuring, and caring for its property, and, amongst others, a provision as follows: “Other matters shall come under the rulings of general conference.” In October, 1883, the general conference appropriated $200 for erecting a house of worship at Kenesaw. The remainder of the $1,503.18, required to erect the church, was pledged without condition for the building of the church by local contributions of the citizens of Kenesaw before the church was organized. At the time of the completion of the church $400 was. owing, which' the church assumed and paid.
At this time one Rev. A. D. Williams acted as church clerk, was its first pastor, and the active person in procuring the church fund. He was also chairman and one of the five members of the executive committee of the Nebraska Yearly Meeting, a corporation, to whom the property was deeded “in trust for the Freewill Baptist Church of Kenesaw, Nebraska.” This executive committee was created “to be a board of missions and church extension, to secure, hold, use and convey funds, in money, houses or lands, for the propagation of the gospel.” etc. It was named a “System of Co-operation,” organized in part to hold title in trust “for the churches or purposes for which it was secured,” in cases where it had afforded aid. It would seem that the fund raised was pledged before the creation of this executive committee and co-operative system, but from the time Mr. Williams became its chairman, January 21, 1884, the committee, through him, may be said to have given aid in the construction of the building. Later the congregation built and paid for a parsonage upon the church grounds.
Years afterwards, by concerted action of the national organizations of the Freewill and Missionary Baptists,
The question is whether the members of the local church, as an independent body, can control the right to the use and title of the church property, in spite of the fact that the system of co-operation governing the executive committee provides that it shall be the judge whether the church has taken itself out of the denomination, or has become extinct, and when and in what way the property shall be disposed of for the purposes for which it was secured.
Disputes of this character have been classified as follows: First, cases where the property has been by the deed or will of the donor, or other instrument, by which the property is held, by the express terms of the instrument devoted to the teaching, support or spread of some specific form of religious doctrine or belief; second, cases where the property is held by a religious con
No doubt individuals may dedicate their property for the propagation op a definite religious doctrine or belief, so long as it violates no law or morality, in which case the property cannot be diverted from its special purpose. When, however, as in the instant case, property is given to a church which is a strictly congregational or independent organization, governed, solely within itself, with no specific trust attached other than that it is given for church purposes, the case is different. In such case the ordinary contributor to a particular church regards it as a living organism, subject to change and growth. He would not attach conditions to the contrary if he could. So long as it continues by regular succession, retaining its identity as the church to which the donation was made, he will not complain, even though there are changes of doctrine or method which do not amount to an abandonment of the original purpose. This was the attitude of the yearly meeting. It has thought itself free not to follow the action of the general conference.
The defendants contend that differences exist between the old organization and the union, touching freedom of the will, general atonement, open communion, and perseverance of the saints. We will not go into a discussion concerning the extent of these differences. We
We are of opinion that the congregation of the Kenesaw Freewill Baptist Church are entitled to have their property in the hands of those who are in accord with their purposes, and who do not deny them the right to take the step which they have taken in their church affiliations.
Error is assigned that plaintiff failed to prove its corporate character, and that such failure must defeat its action. We are of opinion that under the circumstances of this case the plaintiff was not required to either plead or prove its' corporate character.
For cases bearing upon questions discussed, see Mack v. Kime, 129 Ga. 1, 24 L. R. A. n. s. 675; Watson v. Jones, 80 U. S. 679; Brown v. Clark, 102 Tex. 323, 24 L. R. A. n. s. 670; Schradi v. Dornfeld, 52 Minn. 465; Parish of the Immaculate Conception v. Murphy, 89 Neb. 524; Pounder v. Ashe, 44 Neb. 672; Smith v. Pedigo, 145 Ind. 361, 19 L. R. A. 433; Exchange Nat. Bank v. Capps, 32 Neb. 242.
The judgment of the district court is
Affirmed.-