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

corporations In the case OF Watson vs.
Jones, referring to the same kind or con
troversy here presented M. Justice Miller
says: THE second class OF cases which
we nave described has reference to thu
case of church of a strictly congroga-
tional or independent organization. gov
/ erned solely within itself, either by q ma
| jorlty OF its members or by such other
| local organism as ii may have Instituted
for the purpose OF ecclesiastical govern.
ment: and to property held by such q
church, either by way of purchase or 10
| nation, with no other specific trust attached
| to 1t in the hands of the church than
that 1t is for use of that congregation
as religious society.
] In such cases, where there is n schsn
which leads to a separation into distinct
! conflicting bodies the rights OF such bodies
/ to the use of the property must be de-
] termined by the ordinary principles which
! govern voluntary associations. IL the prin-
ciple Of government in such cases is that
/ the majority rules, then the numerical ma
jority of members must control the RICH.
! to the use OF the property. If there be
i within the congregation officers in whom
4 are vested the power OF such control, then
those who adhere to the acknowledged
| organism BY which the body is governed
are entitled to the use OF the property. The
minority in choosing to separate them
selves into distinct body. and refusing
to recognize the authority of the cavern
! ing body can claim no rights in the prop
| erty from the fact that they had once been
members Of the church or congregation.
This ruling admits of no inquiry into the
existing religious opinions OF those who
comprise the legal or regular organza-
| tons. for IL such was permitted a very
small minority, without any officers OF the
church among them. might be found to be
the only faithful supporters of the rslig-
ious dogmns of the founders Of the church.
There being no such trust imposed upon
the property when purchased or given. the
| court will not imply one for the purpose Of
cxpclling IRON Its use those who by reEu-
| lar succession aiN order constitutes the
church. because they may have changed in
somo respects their views Of religious
| truth"
| II not being necessary, and therefore Inn
! proper for us 10 decide who arc the dea-
cons of the church, we feel that we have
said quite as much as Is proper to be here
said as to matters OF strictly church ac-
| tion. Within proper bounds. rs we think,
| we have endcayored TO point out the cor
rect line upon which all apparent difiicul-
ties In relation TO the uses of the church
| property may be easily and entirely re-
moved
II is further urged by appellants that
| they, the purchasers of the Crittenden
| note were in equity entitled to a lien upon
the property and that che court should
have so decreod, We regard this PROPOSE
tion Az sound. Their money bad discharged
the debt of the corporation. satisfied the
mortgage lien and while thoy held the
property in trust for the corporation. the
property is dischargablo in equity With the
amount so expended by them. The POSI-
tion OF nppellees that the deed Of trust WAS
void and that no rights could be acquired
under IL. Is not tenable
We think the trial court correctly de-
c.ded the contention of said appellants that
they were entitled TO recover Interest TO
tho time of the trial and attorneys fees.
The Judgment will be reformed so as to
expunge the restraining order directed
against DR.. Fortune. adjndge the appellant
purchaser OF the Crittenden note. to have a
lien upon the property: foreclosing same
and directing sale OF the property rs nn-
der execution. unless the S5SIS be paid TO
them within the time stated In the decree:
adjudgc the title TO the property to be In
the First baptist church OF Paris. sub
ject ito such lien. and upon payment OF
said SUM the legal trustees. hercinbeiore
named. nre entitled Ia possession and shall
have their writ OF possession In all other
respects the Judgment Will be affirmed.
and appellees adjudged to pay costs OF ap-
peal.