The Birmingham age-herald., 1910-03-17
.CUMBERLANDS LOSE
 IN CHURCH SUIT Dr. Steele's Congregation Gets
 Favorable Decree BUILDING IS INVOLVED Case VIII Be Carried to Supreme Court By CumberIands This Suit Is
 to Determine the Status
 su Alabama
BUILDING IS INVOLVED

A decree handed down by Judge n. A. Sharpe in the chancery division oi the city court yesterday in the Cum berland Presbyterian church yontro- versy was in favor of the merged or ganization.
 The suit in question involved the church edifice at the corner of Firth avenue and Eighteenth street. A ma jority of the congregation accepted the merger of the Cumberland Presbyte- rian church with the Presbyterian church in the United States of America and have continued to use the edifice with the Rev. I. D. Steele, the former pastor, still filling the pulpit.
 Part of the congregation declined to accept the merger. They called the Rev. J. D. Lewis as pastor and con tinued to hold services in the church on Sunday afternoons, while the merged organization held regular services This went on for several weeks when the latter congregation was locked out oi the church by the U. s. A. organiza- ton and 1t has been holding services ever since in the chapel of the Bir- mingham seminary. The style of the suit was; "Philir H. Harris and others versus w. M Cosby and others" The suit has been pending for over two years and VIII De taken to the supreme court. The dc' cision of the supreme court will De awaited with interest, as 1t will affect church property all over the state. Attorneys in the case for the Cum berland Presbyterian church led by pr Lewis were State Senator N. l.. Miller H. c. selheimer. Caldwell & Winn' ant General Counsel W. c. Caldwell ol Trenton, Tenn. The Presbyteriar church. U. s. A, was represented b, Judge s. D. Weakley. Joe c. Halle ane General Counsel Judge J. w. Gaut o Nashville.
 Judge sharpe's decree read as fol lows :. Philip H. Harris and others vs' w. M 1 Cosby--in the City Court or birmins
 ham, in Chancery.
 | IJpon consideration of this cause tn' court is brought to the conclusion tha the action shown by the record 10 nave been taken by the general assempi' and the Presbyteries of the Cumber land Presbyterian church to the end Q uniting that church with the PresDy terian church in the United states o
 America, together with what appear to have been done by the last named church to the same end, was eHectiv
 for the accomplish hment of the uniol church bearing the name Of the rres byterian church in the United states America. according to the determina tion made and declared by the genera assemblies of those churches respect ively.
 The deed of the Elyton Land compan
 whereby the lot forming the subject mat ter of this suit was conveyed for the pun
 pose as expressed therein, "of man
 tain.sg the Cumberland Presbyteria church in the city of Birmingnam dI
 not express or imply a trust for the spel
 petuation of that church as sepsre' organization or of the name borne oy
 at the time of the conveyance, anu U,
 defendants having never severea tne' connection with the Cumberland FIesps
 terian church before the union, were he
 by their adherence to the United chuic
 divested of any right which unoor tn deed they had before the union'
 It follows that the defendenN ana }nel