207 Mass. 359 | Mass. | 1911
Upon the facts found by the master and the statements made at the argument by the defendant’s counsel, it appears that before the year 1875 the title to this church was in
A new religious society calling itself the Bethel Society has been organized in the neighboring village of South Chatham, and the purpose of the defendants is to move this building into that village and appropriate it to the use of the new society, thus permanently depriving the plaintiffs of their proprietary rights in the building as it now stands. Stebbins v. Jennings, 10 Pick. 172. Manifestly this cannot be done without their consent, unless they are concluded by the terms of the vote passed at the meeting of the old society on December 23,1909. But the meeting at an adjournment of which this vote was passed, was not called as required by the first article of the constitution, the plaintiffs had not seen the notice which was posted in the church in attempted compliance with that article, and one of them had no knowledge at all that the meeting was to be held. None of them was present at that meeting or at the adjournment thereof. Even if a vote properly passed at a duly called meeting to remove the building to an adjoining village in another town and there turn it over to a new society would have been valid and effectual against the objection of persons who, like the plaintiffs, had rights of property in the building, (Baker v. Fales, 16 Mass. 488,)
None of the exceptions taken by the defendants to the master’s rulings upon the admission or exclusion of evidence has been argued, and we treat them as waived.
The plaintiffs are entitled to a decree against the defendants as prayed for.
So ordered.