98 P. 897 | Okla. | 1908
The question for *418
us to determine is whether or not the court erred in setting aside the findings of the master and his conclusions thereon. It is laid down in numerous decisions that, while a court is in nowise bound by the conclusions of law to which a master or referee arrives, his findings of fact are entitled to the same conclusiveness as a special verdict of a jury; and, where there is any testimony legally sufficient to support such findings, they will not be set aside. Greenhaw et al. v. Combs,
From these things, as is seen, it substantially appears that the Woman's Christian Temperance Union is an unincorporated voluntary association, existing in the city of Muskogee; its purposes, as is generally known, being for the promotion and fostering of temperance and morality. As such an association, while it may not hold real property in its name, it has the power to appoint trustees in whom title to such real property as it may own may be vested. Colley v. Wilson, 86 Mo. App. 396;Liggett v. Ladd,
"Mere voluntary associations, however, can not take the title to real property in their society name, as they are not in law regarded persons, but it may be held for their use and benefit by trustees, and their right to the enjoyment of the property be secured in that way." *419
Acting under this power, by resolution at one of its meetings, it agreed to accept, as a gift from Robert L. Owen, a portion of lot No. 1, in block No. 390, of the city of Muskogee, and in keeping with this resolution it took from him a conveyance of this property, and on it erected the two-story building mentioned heretofore. The balance of the lot continued to remain the property of Robert L. Owen until he made an arrangement to convey the same to the Cumberland Presbyterian Church, which was put into possession thereof. The school district in which the lot was situated erected a building thereon, which was used by the church, in conjunction with the school, for church purposes. There can be no doubt from the record in this case that it was not the intention of the Woman's Christian Temperance Union, when it went upon the land deeded it by Mr. Owen, to claim the balance of the property in the same lot adversely to him or his assigns, and there can be no question but that it was the understanding between all parties that the church should ultimately have the balance of the lot. This understanding would unquestionably have been carried out without friction had it not been that, at the time of the scheduling and appraisement of this property, the officers in charge of the same informed the president of the society that the balance of the lot could not be scheduled to Mr. Owen, nor for his benefit by reason, as was stated, of the conclusion on their part that he had at that time already scheduled to him all of the property within Muskogee permitted by law. Thereupon the president of the society had the same scheduled to herself as trustee for the said society. She was doubtless prompted to this by the belief that, did she not do so, both Mr. Owen and the society would lose the property. Acting upon this, she had the entire lot scheduled to herself as trustee for the society, in due time receiving the patent therefor. In keeping with the previous arrangement, however, the society paid one-fourth of the appraisement upon the lot and the Cumberland Presbyterian Church, through Mr. Owen, paid three-fourths, and, in keeping with the previous arrangements, *420 Mr. Owen executed his deed of conveyance to the Cumberland Presbyterian Church, and the society of which Mrs. Harsha was president passed a resolution that their trustee should likewise convey all of that portion of the lot not then held by it to the church. It appears from the evidence that Mrs. Spaulding was originally selected for trustee for the lot presented to the society by Mr. Owen, and, complying with the resolution, she executed the deed in question to the church, which was in possession of and occupying the lot at that time. So that it appears the society, Mrs. Spaulding, and Mr. Owen are all desirous of carrying out the previous arrangement with the church, and that the president of the society, who secured title to the lot in herself, as above set forth, alone is contesting the right of the church to the possession and title of the property. Under these conditions we will first inquire as to the status of the title and ownership of the portion of the lot claimed by the church.
Property owned by an unincorporated, voluntary association belongs to the association. It belongs to the entity or the institution brought into existence by the association of the people constituting it. Such an organization is not a partnership or a corporation, although it has some of the elements of both. By becoming a member of it one takes an interest in the property owned by it, but by leaving it he leaves this interest behind him in those who continue as members of the organization. Scheller Commandery, etc., v.Jaennichen,
"Where it is a simple or dry trust, courts of equity will give the cestui que trust possession, or require the trustee to convey the estate as the cestui que trust may direct. But a trustee can only be divested of his right of possession by a decree of a court of equity. If trusts are passive, the cestuisqui trust have a right to control the estate; if active, then the trustees. Passive trustees cannot recover the land from the possession of the cestui que trust or his assignee, and suchcestui que trust may compel the trustee to convey the estate for his benefit."
Did not the conveyance from the society and Owen of their interest in the property to the church constitute Mrs. Harsha the trustee of the naked legal title for the church? If so, is it not clear that it could require her to make conveyance? In the case at bar the society, to the extent that it is possible, considering the attitude of its president, has conveyed all of its title in and to this property to the church. The property cost the society nothing. It had not a dollar invested in it. The church through Mr. Owen paid the appraisement, and if, as is seen, the society is the owner of it, Mrs. Harsha, its president, cannot deprive it of its inherent right of alienation. *422
Some objection is made to the validity of the resolution to bind the society, owing to the fact that but a small percentage of the membership of the order were present at the time of the resolution directing the conveyance was passed. There is no evidence in the record showing the terms of the by-laws or constitution of the society upon the question of a quorum. The evidence shows that the resolution was passed unanimously. We believe that, in the absence of any evidence showing the rule of the association, the law obtaining is as laid down in 23 Am. Eng. Ency. of Law, p. 589, wherein it is held:
"A body indefinite as to number may act by a majority of the members present at any legal meeting, no matter how small a proportion they may constitute of the whole number entitled to be present."
See authorities cited, note 2. A quorum is, to all intents and purposes, as much the body to which it pertains as if every member were present. From the evidence in this case it appears that but few members were in the habit of transacting business. For instance, there were but five present, as was shown by the evidence on the occasion of accepting the proposition made by Mr. Owen to deed to the society the portion of the lot owned by it. On the occasion that the resolution was passed under which Mrs. Spaulding made the transfer to the church, there were but seven present; and on the occasion of the approval of the minutes of the meeting at which this action was taken there were nine present. The membership of the organization was variously estimated to be from 20 to 100, both of these being merely estimates.
Under this view of the case, it is our judgment that the decree of the district court should be reversed and set aside. The cause is accordingly remanded to the District Court of Muskogee county, and the court is hereby directed to enter one in accordance herewith, under the provisions of sections 2633 and 2634 of the Annotated Statutes of Indian Territory for 1899.
All the Justices concur. *423