Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1832-12-27

other, matters in She cause which seem to
call for consideration. The legal estate, al
least for the original grantees, Is vested
in the corporation by force of their convey
ance to- i9 The original trust though void.
was not superstitious one; nor. II ii were,
would the property, as in England. revert TO
the state for the purpose OF being appro.
lpriated in csdera gsners, as on court here
possesses TIE specific powers necessary 10
give effect TO the principle Of Cg pres, even
were the principle itself, not too grissly re
voting 20 The public sense of justice to be
tolerated in country where there is no &C
clesiastca establishment The declared trust
then being simply nudity, wc have the or
binary case of purchase IN the name OF
third persons, and consequently trost result
ting by implication Of law in favour Of those
who paid the purchase money. Whether
their interests were surrendered TO the corpo-
ration By becoming parties to the charter
subsequently procured, Il Is unnecessary to
say. If such ofthe contributors as adhere 10
the communion OF the Methodist, Episcopal
Church. should still he deemed 10 have an
in,eres, in The property in proportion 10 the
part of its price paid BY them, il IS obvious
that 10 enforce il by the law, would produce
NitNtISS Wal VI 'NHNhNoo
to all parties, and certainly not very proiita-
bic 10 the cause OF religion, But they un.
doubtedly arc entitled TO compensation in
point Of conscience, and not only justice, but
every consideration of policy, points to q
compromise by which they may receive,
what will no doubt be promptly rendered, a
fair remuneration.
The title TO the burying ground, which,
though including in The action, has not been
insisted on, depends no circumstances and
principles essentially different. The ground
was purchased by individuals belonging to
the congregation as cemetery for the fam
| lilies Of themselves aud others who should lie
found willing TO pay forcompartnents in II; =.
the title was vested in trustees, but without
/ The seinblance OF a trust Tor the Methodist
society, which therefore has no color oirlght
TO it, II is observable. however, as a circum.
stance to he regretted, that the plan OF yes
ting the tile was, as IN the case OF the church
conveyance to the tru'tees without words
Of inheritance, and an attempt constitution
of the principle Of snccession for the com
mon law principle OF descent.
! In conclusion, it is but necessary to re-
mark, that even were the Methodist society,
benefically entitled, il could not recover in
in action al law, lis REMEDY being petition
to have The trustee for the time removed for
a misappl!cation Of the property to uses for
eign 10 the purposes Of The trust; and least OF
all. could it recover in the name Oft cor
poration by AN action against the corpora.
lions officers, who are e1, oGscio entitled TO
the management, and consequently TO the
possession OF its property. Ia every aspect,
then, tie cause i with the defendants; and
have only TO add the expression OF a desire
that this unhappy controversy may presently
cease, al least within the precincts of this
state, where the tjl.e is so plainly settled by
munieipe regulations as 10 leave 1othing 10
The usual chances Of litigation. What the
event may be in other states, it would be pre-
,dmptuous IN me to predict, but il certainly
would conduce no less TO the Temporal! than
10 the spiritual comfort OF the parties, were
they TO part in peace, having settled their
respective claims 10 the property on the ba-
SIS of mutual and liberal concession.
Kennedy, Justice, took no part, having
been Of counsel in the cause. New trial a.
warded.