Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-05-04
LOST THEIR CASE.
THE MOORE ST. INDUSTRIAL
SCHOOLRECEIVESA AN
ADVERSE DECISION.
The Moore st. Church the Victoria
Litigation OF Long Standing at
Last Decided.

The Supreme Court of Appeals deliv-
cred their opinions in seven cases
April 25th. President Keith led of
with that in the case lof Clarke, etc,
VS.. Oliver, etc. There were in Rich
mond two organizations of colored peo-
ple-Moore Street Missionary Baptist
church and Moore Street Industrial
Society. The church purchased a lot
and had it conveyed to their trustees,
subject TO a lien for the unpaid pur-
chased money. For the Industrial
School many influential residents of
Richmond subscribed funds, and John
Oliver, as agent, obtained contribu-
tions for it in Pennsylvania and else
where. The lien on the church lot
was paid off. in which the members of
the church had also assisted so that
the apparent title TO the lot was in the
trustees of the church.
THE CLAIM TO THE PROPERTY.
But the promoters Of the Industrial
School determined to assert a claim to
the property because they had furnish
ed the greater part of the money which
had extinguished the lien. This con-
troversy resulted in compromise, by
which the larger part of this lot was
conveyed for the benefit of the school
with a covenant that if the church
part should at any time cease to be
used for religious purposes by said
Church it should belong to the Indus
trial School.
TROUBLE OCCURS AGAIN.
This arrangement however, did not
settle the difficulties, and six years af-
ter its execution a bill in equity was
filed on behalf of anumber of plaintiffs
for themselves and others, cOntribu-
tors for the establishment of the IN
dustrial School, who averred that they
had contributed solely to said school,
and had paid their money to John Oil
yer, as agent, for no other purpose, and
that their funds had been misapplied, i,
contrary to law and equity. To this
bill there was demurrer, and the
question presented was whether the
bill states a case which entities the
plaintiffs to relief.
now DONATIONS ARE CONTROLLED.
This court holds that it does not,
and says: I'm our opinion, where con-
tributors have subscribed TO fund for
charitable purpose, and have paid it
over to the hand 10y which it is to be
received and applied, their interest
and control over it cease, and detser-
mine, and whatever Jurisdiction is
| thereafter entertained by tbs courts,
with respect to the disposition of this
| fund must be called into active exer-
cises, either by the Attorney General,
acting upon behalf of the public, or the
trustees charged with. its custody and
administration, or by some person,
having beneficial interest in the OBJ
/ ject of the trust" Therefore. the de-
murrer to the bill should have been
sustained and the bill dismissed. The
Il IL, Id
/ this opinion number of authorities
are cited and commented upon.
Mr.. WILLIAMS NOT SUSTAINED.
Along with the record in the above
suit are the proceedings upon bill
| filed by John w. Williams, into which
cause Henry Exall, by petition, the OBJ
| ject of which bill was TO recover 81, ,587.
/ 20 due to said Williams for repairs to
Moore Street Missionary Baptist Ch.
and 500, with interest, due to Henry
Exall upon judgement obtained by
said Exall and by him assigned to John
| Oliver for the benefit of Moore Street
Industrial School. The trustees of the
church were made defendants, and the
| prayer was for an account of the prop
erty of the church and general relief.
This court says there is no pretence OF
lien of any kind by Williams.
THE CIRCUIT COURT SUSTAINED.
The bill seems to proceed upon the
idea that because the work was done
upon property standing lin the name oi
the trustees, a court of equity, under
its general power to administer trust
should compel its payment. This can
not be maintained. Therefore, the de
cree of the Circuit Court dismissins
the bill was clearly right and must b'
affirmed.