The Marshall republican., 1910-02-04
Presbyterian
Church Suit
Case in Kansas City Affecting
Missouri Valley College

All hmeuumenC TO the OrlglnaI
bill filed by Frank Hagerman in
the United States court in the
equity suit to ,iuiet title brought
by the general assemblies of the
Presbyterian church of Missouri
and Kansas against the Cumber-
land Presbyterian "Dissenters''
brings the total number of de-
PENDANTS up to rs, making The .iti-
cation one of the most far-reach-
ing actions ever brought in Kan
sas City.
The IS defendants live in 21
counties of Missouri, and the pa
pers in the suit will be served in
every division of both the West
ern and Eastern United States
court districts of Missouri.
The suit is blanket action TO
quiet title in every community in
Missouri where the Presbyterian
church has property which the
Cumberland "Dissenters" are try
ing to obtain.
The dissention resulting in the
suit is OF long standing. Many
years ago faction of the original
Presbyterian. church withdrew
from the parent organization and
formed the Cumberland Presby-
terian church
Several years ago the leaders of
the two branches of the church
got together and after consider
able discussion, voted to reunice
the Presbyterian and Cumberland
Presbyterian churches.
The proposition was submitted
to a vote OF the members of both
organizations, and majority of
them favored it. The union went
through, but there were some
among the Cumberlands who had
opposed it who declared that they
would never recognize the coala-
tion. They declared they would
stand out alone, no matter how
big majority there might be
against them. They are known as
"Dissenters."
This caused considerable con-
fusion, as in many instances the
Cumberland Presbyterian "Dis-
senters" claimed the church prop
erty.
The first. place where the
trouble got into the courts was in
Warrensburg, Mo. There the
Cumberland "Dissenters" claimed
the church property and demand
ed possession. The Presbyterians
refused the demand, and one dark
night an energetic "Dissenter"
placed a paddock on the church
door.
The Presbyterians filed an in
junction suit, asking that the
"Dissenters" be restrained from
locking the church. In the circuit
court Of Johnson county at Warn
rensburg, the injunction was
granted.
The "Dissenters" appealed to
the Missouri supreme court and
the case was reversed with in
structions to the lower court to
deny the injunction.
This gave the "Dissenters"
fresh courage, and litigation was
started all over Missouri, where
ever the Cumber,ands had proper
ty.
They filed suit for possession
Of the Missouri Valley College at
Mo. This is the prin-
,ipal educational institution in
Missouri of the Presbyterian
In filing their suit, how
ever the "Dissenters" overlooked
he important fact that the Mis-
souri, Valley college is jointly own
ID by the Missouri and Kansas Syn
DDS Of the Presbyterian church.
Their suit in the circuit court there
ore was not effective.
In the meantime Frank Hager-
nan, attorney representing the
Presbyterian synods OF Missouri
md Kansas flied a bill in equity
n the United States court here to
luiet title and settle the litigation
INVOLVING the Marshall school.
The suit is now pending and will
ome up in April.
A few weeks ago he filed a
imilar suit in the same court at
ecting all the litigation in Mis-
ouri growing out OF the same
hurch controversy. The docu-
nent filed by him is an amend
nent to the latter bill. The case
1iM come up in April. Attorney
Iagerman declined to make pub
c the list OF defendants until the
Inited States marshals have
ime to get service on them. c..
'ost.