The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-05-26
LEGAL INTE111GENcE.
Abstract Of Cases Decided by the Supreme
Court Of Mississippi.
Reported by Frank johnson, ESQ
Cases Decided Monday, May II, 1875.

p W II. OKEAFES VS.. w. A. hILPATRICK
No. 1911
Opinion Of the Court By Judge SMRALI
In 1860 Fitzpatrick conveyed to certai
trustees OF the Methodist Episcopa
Church South lot of ground in Halle
hurst, Miss, for the location of churcl
building. The conveyance was a gift
and without any valuable consideration
The conditions of the deed are as follows
10 have and to hold the above described
lot x unto them x \ tn
trustees named, and their successors il
office, forever in trust, and upon which
l. now being erected house, for the u.s.
Of the members of the NJ. +. Churcl
South, according to the rules of disciplin.
which from time to time may be agreed
upon and adopted by the ministers anc
preachers of the said church at thei
general conferences, and in further trus
and confidence, that they shall at al
times forever hereafter permit such min
listers and preachers belonging to the sale
church as shall from time to time. be
duly authorized by the general conference
Of the ministers and preachers of said
Nj. h. Church South, or by the said
general conference to preach and expound
Gods holy word therein" The building
on the lot was used as place Of
worship until the year 1871, when the
building was removed to another lot
about 800 yards distant, where it was
used as place Of worship by tn mem
bers of the church. At the time of the
time Of the removal, the trustees sold
and conveyed the original lot to E. q.
Cook, who afterwards conveyed it to one
| Thomas h. Staniy, who erected thereon
Il blaeksmith's shop, who has since used
the same as blacksmith and work shop.
Among the regulations Of the disci
pline of the Church, is the following
'Annual conferences shall make such
notifications in the deeds as the usages
and laws in the different States require,
so as to secure the property firmly by
deed and permanently in fee simple in
the Church. And in all coEveyauces OF
grounds upon which houses of worship
have or may be built the clause should
be inserted, that the ministers and
preachers shall be permitted To expound
Gods holy word therein. The Trustees,
with the consent Of the preacher in
charge, and the Quarterly Conference,
shall have power to sell any Church plo-
perty which has gone out of use, the pro-
ceets Of which shall be invested in other
Church property under the direction of
the Quarterly Conference
Fitzpatrick filed his bill in equity for a
reconveyance of the lot upon the theory
that the purposes of the donation had
failed. On final hearing the Chancellor
decreed a reeonveyance. Held:
[. a Court Of Equity will sanction
such an administration Of a donation as
will more completely give it effect,
and may in proper case order sale of
property held for charitable USES
Though it is true that where the particu-
lar purpose is clearly defined that must
be pursued by the Trustees,
Ii. 1t was not a condition of the grant
in this case that the building erected on
the lot should be perpetually used as a
place of worship; but the donor consent
ed in his deed that his gift might be
used in the mode provided by the reg
ulations of discipline adopted by the gen
eral conference, which allowed the re-
moval of the building, or sale, and the
re-investment of the proceeds in other
church property.
Ill 1t was therefore no breach of the
conditions of the deed or perversion of
the gift, for the Trustees to remove the
building to another lot for the purposes
stated, and to sell the original lot; and
sale and conveyance by the Trustees to
Cook vested in him an estate in fee sim
pie
Decree reversed and bill dismissed,
Chief Justice Peyton dissented on the
60
/. On construction of the deed the
donor granted the particular land to be
used as place of worship, and this use Of
the specific property was to be according
to the regu ations of discipline adopted
by the church authorities and not that
the Trustees should dispose of the pro-
perty in any mode allowed by the church
regulations.
II. The estate which the Trustees took,
under the conveyance, was qualified fee
depending upon the particular use of the
property as defined by the deed, viz: as
a place of worship. This estate deter
mined when the Trustees ceased to use
the property for this purpose defined by
the deed.
JOSEPH VALLINEs as. ANN COLLIER
No. 786.
Opinion of the Court by Judge Peyton.
II. T. Elicit purchased the land in
controversy at judicial sale, taking the
title in his own name. He afterwards
agreed to sell the property to Westly
Vallines Tor S270 Before completing
the purchase, Westly Vallines con-
tracted with Ann Collier to sell her
the property for 5000. The latter paid
him $500 in cash, and at his request,
executed her note for $400, payable to
Josephine Vallines.
| Westly Vallines afterwards paid Elicit
! the S270, and had the title conveyed dl-
rectly from the latter to Ann Collier.
Josephine Vallines fled bill in equity
to enforce vendors lien on the
land against the appellee, Ann Collier.
HELD.-The appellant had no title tc
an interest In the land I; she was not the
vendor and she had no vendors lien Oh
the land for the note made by the appel
lee.
affirmed
B. SHoTwELL, EXECUTOR, Us. ii. Mus
GROVE, AUDIToR-No. 1886.
Opinion of the Court BY Judge PeytOn.
This was a proceeding by mandamus
commenced originally against ID. Mus
grove, Auditor, and subsequently revived
against w. H. Gibbs, his successor IL
office, to compel the issuance of warrant
for the amount of the purchase money
of certain lands alleged to have beer
purchased by the Commissioners of thu