The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-22

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pllcation Of known principles OF law, az
distinguished from religious theories ant
doctrines. corporation, Joined by par
ties claiming to be its trustees. is upoi
| one side of the controversy. while indiyid
| uals claiming individual property right
are upon the other. We must treat tn,
corporation as legal entity. an artificial
person, and apply the familiar principle.
governing corporate action.
1t is contended by the appellants. Fort
Lewis, Maxey. Williams aud Long. tina,
| the legal title to the lot passed into then
| through the trustees sale and deed and
that the right Of possession passed TO ihcu
| alone with the legal title. Did said appel.
| lants acquire the legal title? Two OF them
| claim to be trustees of the church and an
| other claimed to be the church treasurer
| The majority element in the church. which
| they represent, had instructed the trustee;
| to look after this matter and try TO save
| the property to the church This commits
| sion had been accepted, all OF said appel
lants were fully aware of these conditions
and they all acted together in the matter
| of taking Zip the Crittenden $4,000 note and
| procuring the trustee, Spivey, to sell the
| property under the deed OF trust. Under
| these conditions whatever title they ac-
/ Quired through this means must be deemed
a trust held by them for the benefit of the
! First Baptist church Of Paris. Against the
church they can not claim the legal title;
/
reimbursement for the amount expended
for the benefit OF the church, secured by q
i lien upon the property, rescued through
means furnished by them.
| There Is no individual claim set UP by
any OF the appellees other than the corpo-
| ration SO we conclude that the title to the
property is in the First Baptist church OF
Paris, subject to the equitable Hen of said
appellants for the amount paid by them
and applied upon the church debt.
| The next inquiry is, Who Is entitled to
the possession of the property?
1 Upon the payment of thu amount of the
| Crittenden note, principal and interest,
| which was due Mt the time OF the sale by
the trustees, the First Baptist church will
be entitled to possession. But who, 1t Ii
asked. lis authorized to represent such cor
poration in the exercise of that right OF
possession The corporation can only act
In such matters BY and through its
trustees. Trustees are this only officers
| Of the corporation, and they have only
legal authority to act in the premises. But
| still the inquiry Is pressed, Who are the
trustees? When the church was incor-
| porated in 1890 the following persons were
| elected and named In the charter as the
| trustees, to-wit: A. Hearon, b. II. Fuller,
| F. l. Williams. 7. s. Preston, Stuart Lee,
| Ira Webster and Sam II, Webb.
| The above named seven persons are thu
| legal trustees unless they have been legally
1
adopted any rule fer annual or other per-
iodic change In the trustees of the church
and 1t sought to elect trustees only as sup-
posed vacancies occurred. Before the trou-
BILE arose in the church a. Hearon resigned
and w. Il. Edwards was elected by the
church in a regular and unquestioned man
ner. BY this action of the church. said
Edwards became trustee In the place oil
Hearon. resigned. September 30. 1896 the
minority met and resolved that they were
the church and proceeded TO treat the trus-
tees. who belonged to the majority as hay-
ing vacated their offices, and they elected
r. NJ. Miller. J. b. johnson. George Saun-
ders and j. g. Hunt TO act as trustees Will
Fuller and Edwards, who they recog-
nizcd as trustees. This meeting, as stated
| was that of the minority faction. 1t WAS moi
| n regular business meeting OF the church
and the trustees who were summarlly dis
posed of had no notice whatever of this
matter. No charges were fled against them
| and no notice whatever given that they
were TO be removed.
That corporate trustees can not DO res
moved from their position OF Important
trusts in this summary manner and With
out notice Is too patent to admit OF discus
sion. This action then had no effect upon
| the hoard OF trustees, IL remained legally
unaffected by this attempted wholesale re-
moval and appointment OF new trustees.
After this action Of the minority, the ma
jorty surnnarily and without notice with
drew fellowship from Fuller and Edwards
and attempted to remove them from the
office OF trustees and put In their places
Lewis and Bobo This action was sum-
mary. no charges. notice or trial. This
action was wholly Intellectual 10 remove
the corporate trustees. II was shown that
\ Ira Webster had taken out his letter from
the church and left the city, and trustee
Stewart. ST., had removed 10 California.
] Neither OF these facis necessarily vacated
l fl,s,I. tnn af On A -
corporate trustee who Is not 4 membpr
OF the church. and nom resident may also
be such trustee. So then VIC see the only
locnl change in the board OF trustees was
the substitution OF Edwards for Hearon.
resigned These legal trustees OF the cor
poration. First Baptist church of Paris. are
| entitled TO the possession OF tho property.
after paying the purchaser OF the CrItten-
| den note $537S. due ut the time OF the sale.
The trustees OF the corporation should be
governed In the uses to which the properly
Is put by the regularly constituted officers
| of tho church This church has provided
| Cor hut three officers, pastor. deacon and
1 clerk. The deacoas represent the church
In its tcmporaiities and under the prac-
tices, usages and customs OF the church
! they arc required 10 he elected ~ rost.ia,
business meetings and by majority vote
In the use Of the property the corporate
trustees should be governed by the duly
! constituted board OF church deaaoas. Tae
I church members are corporators IA dis
sense that thoy IN body as church slay
! provide rules and regulations for the elec-
(, lion, government and removal OF the cor
1 rprato trustees and should any trustee
| fall IN duty or violate his trust. by proper
lproceedings the church would have author
i ny 10 remove such trustee and MI his place
| with another. and courts would recognize
| the validity Of such action ani enforce II
lin settlement OF any issue OF property
| rights We arc not necessarily called upon