The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-06-09
METHODIST CHURCH IN COURT.


The following case now In progress before tho Su.
peror Provost COURT of this Military District but which
before is finally decided will probably be amply dis.
oussed before the supreme Court Of the United States
is one OF vast impt rance and general interest will
at appear when It Is known that 1t raises the
owing questions FRS. Whether large number of
congregations OF religious denomination, leaving that
denomination, lose all right not only to the general
property OF the but also to the particular
property OF the several congregational Second Whether
negroan In state Of slavery had any right Of prop
erya Third. Whether the Civil Rights bill Is consti.
tutiona2 Fourth. Whether the deoiaions OF Provost
Courts In civil matters binding In time Of peace
We hero give the important papers in the case in full
and the evidence has been taken, and will
continue to give the proceedings from day to day:
Trustees of NJ. E. ohuroh) To recover possession
Dr.. J. R. Mood. Property.
PETITION or THE PLAINTIFFS.
Petition of the Trustees of tho NJ 3. Church DR.. J.
r. Mood-Aotion for tho recovery OF POSSESSION Of
certain property devised to them by the Last will and
testament Of John Mckee.
srkTH OF SOUTH cARoLINA-prsrHor OF oHARLKsroN.
To the Hon. The Jdgcs of e Superior Prouost Court in
and for Ihe Aii,tary Distriet Of Charleiton:
The petition Of the Board Of trustees Of the NJ. E.
Church. In md near Charleston whose hero.
unto annexed respectfully sheweth unto your Honora
Bile Court that by the last will and testament Of John
McKee, Of this city, deoeasd devised to tho said
Church. in and Charleston certain real and per-
sone property he enafser mentioned upo the follow.
ing terms and conditions, to wit The said John Mckee
bequeathed to son. David Gibson McKee, and the
e az the Of
not otherwise disposed OF by said viii; but, the said
then the property to 60 to Abel McKee, the executor
toned IL tho said w but the said Abel should
n
tho GoRpel. by and under tho authority Of tho NJ L.
Church. And your petitioners further chow that the
said John Mckee appointed hi8 brother Abel Mckee.
executor OF the eaid WILL and a bis death the said
Methodist Hpsoops 6huroh n ohsreston who were
to act es trustees guardians with the same authority
given TO the executor OF the said wthe two trustees
to tho said WILL will moro fully appear; And whereas
tho said David Gibson and Abel Mckee have departed
this fe leaving aforesaid the trustees Of
Methodist E. church. In accordance with the provisions
Of the said will have appointed two Of ther number, to
wit Charles Holloway and George Shrewsburyto act
trustees guardians of said property provided
by said will which said property oonslsts Of and Ia de-
s:do Of King street. whims court and known
as No.; two houses on slebe land north side OF
and lying the north side OF whims' Court together
being and ySg at the west end Of Short street on
the north Bide also, two lots Pnckney street ad
ney street. And your petitioners further ohew that the
said property now tp the possession Of Dr. J. r.
exception Of No Beaufain street. which house is in
possession Of the said trustees by tensnt yet
Da1Q Qe1enuBnt XuoWluR Tue lhnQB tenement6
aforesaid to be the property OF the said Church. and
right to appertin and belong to the said trustees for
the promotion Of the qoapal expressed In the aad
WILL but connivng, and rauduien ly ronniving craftiy
and subty, to deceive and defraud the said Church
this behalf hath not as yet delivered up possession
the sad lots and buildings thereon, but bath hitherto
wholly refused to do wherefore the said plain
/ tfs lay that the said Church Is greatly injured
tn promoaonof Of he Gospel greatly deferred,
therefore they bring this suit and ask decree from
this honorable Court against the said h. Mood for the
immediate possession the said property, and tina
the said defendant be required to to the sale
Trustees profits and income the said property
since has been In his and controli anf
that he also be required to e his under oath
disclosing any other property 10 his custody belonging
to the estate OF the said John Mckee not mentioned
this petition either real personal and that he tur1
the to the said tru.teea guardians; and
| your petitioners will ever pray 10.
! tSIgned) OHhs q. HOLLOWAY.
| GEORGE SHREWSBURY,
| ALONZO WEBSTEk,
JOHN GfBBES,
| JACOB MILLS
| SAMUEL WESTON,
J. HOLMES,
| HENRY LEE.
| ARCHIBALD d. WALLER,
| Trustees Of tho M. z. Church.