The New York herald., 1876-12-03
A CHURCH LITIGATION.

CHURCH LITIGATION.
THE EFFECT OF AN ACT OF DISCIPLINE E1En-
cIsED AT THE WRONG TIME-A BAPrIsr
SOCIETY TURNED OUT OF ITS CHURCH
HOME
The HERALD has often deprecated the readiness with
which church members rush into the civil with
their grievances II is IN general far easier to CON-
promise a matter of dispute between mon who make
no profession OF religion than with those vino stand
high ir the Church. After twelve moro years. lti
CATION in the courts Of this State Baptist society OF
this city has been deprived OF its place OF worship,
and last Sunday had TO accept tho kind offer Of i,s
ncighbors About fifteen years ago the Lexington ave-
Baptist church erected handsome and commo-
dous ednce Madison avenue and Thirty nrst street
at cos, OF $3.50, 0o0 There debt OF 900
the property. The Rev. DR.. Hague, now OF Boston.
then tho pastor. The oliver street Baptist
this tmc and after negotiations between them and
the Madison avenue society union was
formed. According to the agreement, tho Madi
son avenue church trustees sold their cdi-
fce to the trustees Of the Oliver street church.
and their members all received into tho
Oliver street church before moving The property Of
the Oliver street church sold and tho proceeds
some SOS. .000 0C00 used. agreed, In ex-
tnguishing cages on the new church building
When tho election OF the trustees took place, Mr.
Miilbank, the most active member OF the former
Madison Board of Trustees failed OF election
HIS business THAT OF brewery against him In tho
eyes of the newcomers anu his defeat was deemed by
his friends as a violation good aith, and the be-
gin nng OF the subsequent trouble The church His
exclusion from tba Board OF trustees, u use the
language OF the Baptist Weekly was "a ounder worse
with him were at the time amenabc 10 tho body that
exercised The OF discipline Much bitter fcelpg
suited, and several aggrcved members withdrew from
tho church. and among the defeated trustee rho
little band kept up their organization and Tor fourteen
years have held religious services In each others
houses Nearly all OF them were in tho old Board Of
Trustees and all wero energetic and activo men.
kJRcrMKNr
followed which tho for some twelve years.
UNTIL finally, all the rulings OF the lower courts
aside by the Court Of Appeals which decided that
the title gwen worthless, that there had been
purchase and SALE paying OF debts not being proper
consideration The act conveying The church prop
erty having been made precedent 10 tho union con-
plated between churches and tho question
of the legality OF the transfer having becn submitted
TO the Court disciplinary course was proper while
| that issue remained unsettled. That point having
been determined by the last decision OF the Court s
proof OF tho error committed in excluding ono over
| whom the church had no Jurisdiction
The old Madison avenue corporation mas been de-
cared tho true owners OF the property. II is cor
poraton without congregation, and has como into
possession OF elegant building, out OF debt and far
| marc valuable than when IL was conveyed. The
| church which worshppcd thcrc claimed before tho
Court that the corporation had taken their
money and agreed 10 givc thcm title, and had
ccssfuy assaiicd the title they had themselves given.
| Those possession asked equitable settlement
IRON tho Court but the party which had gained tho
| suit believed themselves grossly wron2sd They
thought their confidence had Doen abused ut the
election, and tho treatment they bad received
unchrisiian; that IN recovering their property
they had been subjected TO great expense and
| their patience tried BY years Of resistance.
| Moreover, their foremost man, Mr.. Nilbank, had
| hacn excluded from the church BY . final decision
on the equities II has been adjudged that the money
paid by Oliver church should be refunded
but t Is also acjudged that all the money from tho
rent of pews and subscriptions should bc paid
| those bringing tho action Tho last decision OF the
court, therefore, brings tho late occupants In debt
sustains the claims OF tho original Madison
church Tho old corporation took legal possession OF
tho property two weeks ago, but expressed willing
ness to grant the TO the late occupants
The offer made by the First Baptist church OF their
chapel been accepted by tho homeless church. and
| morning services held there every Sabbath.
What remains to DO done, IN the interests Of q
| common cause Is amicabe arrangement, whereby
tho body Of the noble edihee shall 60 on
with its work, while those who are dispossessed and
disincned to acquosce in the legal issue OF tho
may, according &c their best judgment IN the case.
enlist in a enterprise for which thcy have, at tho
/ same t,me ample strength and abundant opportunity
II Is probable that they will unite with tho Trinity Bap.
tst church and purchase the building OF that society