Pine Bluff daily graphic., 1920-01-24
CHURCH BARRED FROM.
 PROPERTY IN SUIT AGAINST THE OWNER
Holy Rollers of Knoxville Base Case On Occupa-
 tiOn

Knoxsville, Tenn, Jan. 23-"The Church of God, ct al, versus A. w. McCarter, ct al,' is the style of q most unusual case nov pending in chancery court here. The congrega- tion is trying to get possession of building in Park City, in which it has worshiped, and, according to neighbors, rather noisily, for two years, and from which it is claimed it was locked out recently by McCar- ter. He had bought the ncuse and lot for $75.
 "In my 29 years experience in law have never seen nor heard of any such case," commented Judge Wright, counsel for the defendants 'l am constrained to wash my hands and approach the subject with rev erence," he added jokingly
 Resume of Case.
 Judge Wright gave resume of the case as follows: 'In 1859, J. H. Shields, who owned the section of Park City which was then known as Shieldstown, conveyed lot on Lin len avenue to board of trustees and authorized the construction of a building to be used for church and chool purposes, for all denomina- tions or creeds. This building was used in that manner for several years, but was burned in 1874.
 "At that time only one of the three original trustees was living This surviving trustee conveyed the property to the school directors Of the second civil district of Knox county and a new schoolhouse was erected and used.
 "In 1891 Knoxville extended its boundaries in that direction, taking over and operating the school. In about two years the act was repealed and the city's boundary went back to the old line. Park City was late, created and in 1917, when the great er Knoxville act became effective the city again came into possession ,f the 'Shieldstown school property Property Lost Sight of. l However, in all these transfers and with the changes of city admin istration, officials lost sight of the property. As result, the building stood vacant for years. Eventually congregation of 'hard-shelled Bap- tists' occupied the building for 2 few Tears and then abandoned it.
 "Two years ago the Church o' God, congregation familiarly known as the Holy Rollers, took possession of the building, and ser vices have, been held regularly The services were carried on in a noisy manner. it is claimed.
 ] "A. w. McCarter. who lives next door to the building in question ought relief. Upon investigation he brought to light the claim that the property belonged to the City of Knoxville. He immediately secured quit claim deed to the property | sor $75. taking the responsibility O. establishing his ownership.
 Upon receipt of the t'lte Me carter took possession of the prop arty. He proceeded to lock th( 1oors--incidentally, and no doubt tion of Holy Rollers out. This ac' orecipitated the litigation.
 Occupation Basis of Title.
 "The Church of God set up 2 .laim for the property, alleging that the congregation and the hard 7helled Baptists had occupied the building for an aggregate of seve,. years, giving this as the basis fo, .he claim on the title to the prop ,rty. A bill was filed in chancery court, seeking to enjoin McCartel rom interfering with the worship of the congregation.
 "A cost and injunction bond wa presented to the court bv Sylue Hodges, counsel for the Church O | God The defense insisted that tho bond. which had only one signature l that of member of the church was not solvent and asked that thu Sill be dismissed. Chancellor Hug' VI Tate ruled that the church migh, have thirty days in which te file an acceptable bond. or the cas- would be dismissed at that time"