The comet. (Johnson City, Tenn.) 1884-1916, 1897-11-11

Below will be found the opinion OF
the court of Chancery Appeals in the
case of Trustee against School Direc-
tors appealed from Unicoi county and
affirmed by Supreme Court at the Sep
tember term, 1897;
G. E. Swadley ct, al. From the Cbancarv
A. II. HAYNES et nj. (Oourt Of Unicoi County,
OPINION.
This is bill filed to have construed and pro-
tected, enforced and carried out the trust Gre
ated and expressed in the here matter mention
ed deed, the litigation growing out of a conten-
| tion between the parties named as trustees in
the deed and the defendants, who we're school
directors in the Third Civil District of Uncol
county The facts developed by the record are
about as follows
Itwould appear from the record without as
suming that this applies to all or even larger
proportion Of the people, that there was a law
less element in this neighborhood 1t appears
that three school buildings previous to the
making Of this deed had been destroyed by fire.
1t further appears that M r. and W. J. Pee
bles, desiring to promote education religion
and morality in the community, and hoping
! that by introducing the element OF religion In
connection with the buidir to be used for
a school house it might be regarded with more
reverence and be thus protected; and desiring
to do what they could to upbulld the communi-
ty, conceived and carried out plan of dedca-
| a. bo lot . l,o 81,
tion Of house to be used as school house and
forreliglous services In pursuit of that purpose
on the Both Of December, 1898, they executed
and delivered the followingdeed:
For and in consideration of one dollar, the
receipt OF which is hereby acknowledged, anG
other good and valuable considerations, we
MadisonT PEBBLES and Wm. J. PEBBLES, of the
county of Uniooi and State OF Tennessee, have
given granted bargained and sold, and do by
these presents transfer and convey IN TRUST
to Geo. e. Swadey, James 4. Cooper, VIM. p
Norris, VIM, M. Carroll, and VIM. ]. PEBBLES
Trustees, and their successors, for the use ant
benefit of the public, to foster free schools anC
promote morality In the community to be ant
remain so long as used for that purpose, a site
for school house in the Third School Distrlc
Of Unicoi county, Tennessee, certain piece Of
parcel of land lying in the Third Civil Distric
OF Unicoi county and bounded as follows Be-
ginning on planted rock 81 poles south 80 de.
greeS east from the head OF spring
and runnidg thence south 62 degrees eas
| 10 feet to stake thence north 6Sx degree
east 42Sc to a stake; thence north Al de
grees east S21a feet to a stake. thence north l5t
east 32h feet to q stake; thence north 81 de-
grees west SO feet to stake, thence south d
west 1853 to the beginning To hold to them thu
said Trustees and their successors, so long al
the same shall be retained and used as sit,
for a school building. But II said Schoo
House fall into disuse or be abandoned by tht
public for two whole years as a school building
the right of eminent domain shall revert Il
bargainors and the title be reinstated in then
or their lawful representatives as fully, both IL
law and equity, as If no conveyance had beer
made.
Moreover the above described lot and build
ing are hereby dedicated in perpetuity to thu
public for school purposes but the said Trus
tees and their successors shall hold the sam,
in trust for all orthodox religious denomina
tIons, who may freely use said building so a.
not to interfere with school except by consen
of teachers and the District School Directors
"Given under our hands and seals this TIN
30th day OF December 1893
NJ. T. PEBBLES, [SesLl
W. j. PEBBLES, lSeall.
Pursuing the same purpose. they procuret
the erection of house on the lot. To the erec
tion Of this they personally contributed abou
S420 One hundred and tive dollars was advanc
ed for the completion of the building by thu
School Directors, but this advance was in tn
nature OF loan made out OF public funds IL
consideration of getting the use of the building
for public school, and under an arrangement
made by which 1t was to be returned by fv
annual contributions OF $50 each to be mad
by M T. PEBBLES to the salary of the teacher
so as to extend the school term for one mont
each year. Practically this was all the none
or aid contributed by any one to the erectio
OF the building In other words, M. T. and "
!. PEBBLES donated the lot and erected build
ing on it with the help of $1O2 from the scho'
fund, the property being dedicated to the use
named in the deed above copied
After the erection of the building 1t was TO
some time used for the purposes for which tn
donation was made; religious services wer
held on Saturdays and Sundays in the build
: Ing by several different denominations, and
appears that 1t was held open to the free us
OF all orthodox religious denominations. Sun
day School was also held after the erection o
the bull ling, and until the beginning OF tn
troubles hereinafter mentioned. maintained
the house The two Messrs. PEBBLES furnishe
literature for the Sunday School at their ow
expense, and also furnished an organ, eleve
chairs, q large Bible lot of ofhymnbooks a hans
ing lamp and four reflectors. Public schoc
was also taught in the building from the tim
OF its erection until the beginning of the tro,
bleS hereinafter mentioned so often and as Ion
as the funds in theI hands Of the School Dire
tors permitted.
Mr.. w. j, Peeblcs, one of the trustees name
in the deed and one OF the donors, with tn
consent and approval of the other trustees, wi
had consented to serve, had immediate ovel
sight over the property, kept the keys to Il
building, as he lived in the immediate neigh
borhood, opened the doors In the morning, sa
that they were closed in the evening, furnisht
wood for the school and church, had the woo
chopped and made most Of the fircs, aud fur
nished brooms, water buckets, ,dippers etc, d
most Of the sweeping. and furnished chalk Il
the use of the children at school.
Things were proceeding in this conditio
when the defendants having at the previo
! election been elected School Directors for tn
district, seemed to have conceived the i'd
IL, toI,a e5,r ba,
> exclusive control OF this building, appears tn
I some friction and unpleasantness had aris
between the defendants and some of the COZ
3 plainants by reason Of the fact that they h
> been opposing candidates at the recent electi
: for schoo directors. II is apparent that
} considerable element OF political prejudice ar