Independent Steam Fire Engine Co. v. Richland Lodge, No. 39, A.F.M.

Decision Date06 March 1905
Citation50 S.E. 499,70 S.C. 572
PartiesINDEPENDENT STEAM FIRE ENGINE CO. v. RICHLAND LODGE, NO. 39, A. F. M., et al.
CourtSouth Carolina Supreme Court

Appeal from Common Pleas Circuit Court of Richland County; Gary Judge.

Action by the Independent Steam Fire Engine Company v Richland Lodge, No. 39, A. F. M., and others. From an order overruling a demurrer to the complaint, defendants appeal. Affirmed.

The following is the complaint:

"(1) That the plaintiff is now, and was at the times hereinafter mentioned, a corporation under the laws of the state of South Carolina, having first been incorporated as the Columbia Independent Fire Engine Company, on the 20th day of December, 1837, but last as Independent Steam Fire Engine Company.
(2) That the defendant Richland Lodge, No. 39, A. F. M., is a corporation duly created under and by the laws of this state as well as a constituent subordinate lodge and member of the most worshipful Grand Lodge of Ancient Free Masons of South Carolina, which is a corporation under the laws of said state, and has legal capacity as such to sue and be sued, and T. T. Talley is the presiding and warrant officer of said lodge.
(3) That the defendant Acacia Lodge, No. 94, A. F. M., is a constituent subordinate lodge and member of the most worshipful Lodge of Ancient Free Masons of South Carolina which is a corporation under the laws of the state of South Carolina, and has legal capacity to sue and be sued, and J. W. McCormick is the presiding and a warrant officer of said lodge.
(4) That the defendant Columbia Royal Arch Chapter, No. 5, is a constituent subordinate chapter and a member of the most excellent Grand Royal Arch Chapter of South Carolina, a corporation under the laws of said state, and has legal capacity to sue and be sued, and Julian P. Selby is the presiding and a warrant officer of said chapter.
(5) That the plaintiff is seised in fee, and has been for more than thirty years, of the following described premises: All that piece, parcel, or lot of land in the city of Columbia, county and state aforesaid, on the north side of Washington street, between Main and Assembly streets, in said city, measuring 48 feet on Washington street, and running back a depth of 105 feet 6 inches, being in shape a rectangular parallelogram, and bounded as follows, to wit: On the south by Washington street, on the east by an alley separating it from the property formerly known as the 'City Hall,' north by lot of Carolina National Bank, and west by property now or formerly of J. L. Mimnaugh. And that the plaintiff is now and has been in actual possession of said premises and the building thereon, except the third story of the said building, for more than thirty years. That plaintiff's title thereto was recognized and confirmed by act of the Legislature on the 13th day of February, 1900.
(6) That the defendants claim an interest in said premises by reason of having contributed certain money for the erection of the aforesaid building, under and by virtue of a certain written agreement with the plaintiff, of which the following is a copy, to wit:
'State of South Carolina, Richland District.
This indenture made and entered into this 27th day of August, Anno Domini 1867, between J. J. Mackey, Lewis Levy, John C. Sutphen, G. T. Berg and John Green, a board of trustees elected by the Independent Fire Engine Company of Columbia, S. C., with full power and authority to act in this behalf for, and in stead of, the said company, parties of the first part: and John McKenzie, master of Richland Lodge, No. 39; John Harrison, master of True Brotherhood Lodge, No. 84; Louis T. Silliman, senior warden of Acacia Lodge, No. 94; Joseph Mendel, master of Columbia Lodge, No. 108, and Robert McDougal, high priest of Columbia Chapter, No. 5; constituted a board of trustees of the fraternity of Ancient and Accepted Masons of Columbia, S. C., with the like power and authority to act in behalf of and in stead of the said masonic fraternity, parties of the second part,
Witnesseth, That the aforesaid parties of the first and second part, hereby mutually and jointly agree "to erect" in the city of Columbia, on Washington street, between Richardson and Assembly streets, on the lot formerly occupied by the jail, and conveyed to the said company by the city council of Columbia, in exchange for the interest of said company in the lot formerly occupied by said company on Richardson street--
A three story brick building: To be erected and constructed in accordance with the plans and specifications of G. T. Berg, the architect, and of such dimensions as are in such plans prescribed; and it is hereby mutually agreed, that the above named board of trustees of the masonic fraternity of the second part, or their successors in office, will advance and pay from time to time, in current funds, to G. T. Berg, the architect, or his successor in office, or to his order, such amounts as may be drawn for, towards the erection of the above named building (as is elsewhere understood), until the sum of $4,250 has been advanced and paid.
And that, upon the completion of said building, in accordance with the aforesaid plans and specifications, the above named board of trustees of the first part, or their successors in office, will deliver possession of the third story thereof to the board of trustees of the second part, or their successors in office; and by these presents do grant, convey and secure to them, for the uses of the masonic fraternity aforesaid, the right to have, hold, occupy and enjoy the same as a "Masonic Hall," with convenient access thereto from Washington street, and to hold and enjoy the same free from any charge or liability for rent so long as the said building shall stand.
And it is further agreed between the above named parties, that the said building shall be under the joint supervision and control of the said boards of trustees, or their successors in office, and that the same shall be kept in repair at their joint expense on the outside. And in the inside at the expense of the party occupying the rooms requiring such repairs.
Each party, however, reserve the right to manage,
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