Bales v. Bales Chapel Baptist Church

• Decision Date: 01 April 1907
• Citation: 101 S.W. 150,124 Mo.App. 22
• Parties: MARY E. BALES et frater, Appellants, v. BALES CHAPEL BAPTIST CHURCH, Respondents
• Court: Kansas Court of Appeals

101 S.W. 150

124 Mo.App. 22

MARY E. BALES et frater, Appellants, v. BALES CHAPEL BAPTIST CHURCH, Respondents

Court of Appeals of Missouri, Kansas City

April 1, 1907

Appeal from Jackson Circuit Court.--Hon. Henry L. McCune, Judge.

REVERSED AND REMANDED.

Cause reversed and remanded.

C. O Tichenor, R. J. Ingraham and George B. Strother for appellants.

Filed argument.

S. P Forsee and W. C. Forsee for respondents.

Filed argument.

OPINION

BROADDUS, P. J.

The defendant herein filed a demurrer to the plaintiffs' amended petition, which was by the court sustained, and as the plaintiffs refused to further plead and stood on their said petition, final judgment was rendered against them in favor of the defendant from which they appealed. For a proper understanding of the law of the case, it is thought best to copy the entire petition in this opinion. Said amended petition is as follows:

"For a second petition, plaintiffs state that they are brother and sister; that on the first day of February, 1895, they owned the land hereinafter particularly described, although the legal title was in plaintiff, Mary, alone.

"That defendant was and is a corporation duly incorporated.

"That on the said first day of February, 1895, plaintiff, Mary E Bales, executed a warranty deed, a certified copy of which is hereto attached, whereby she conveyed to defendant the following tract of land in Jackson county, Missouri, to-wit:

"All lot six (6) in block four (4) of S. H. Bales' First Addition to Kansas City, as the same was designated on the recorded plat of said addition.

"That the recited consideration in said deed was the sum of one dollar, although nothing in fact was paid or intended to be paid by the defendant, said recitation having been made so that the deed should appear valid on its face, and plaintiffs admit that the deed was valid, although it was a gift on the part of plaintiffs to defendant.

"Plaintiffs state that said lot was sixty (60) feet wide, and that there had been built upon it by them, at a cost to them of seven thousand, five hundred ($ 7,500) dollars, and prior to the date of said deed, a brick church; that the lot at the date of the deed was reasonably worth the sum of three thousand ($ 3,000) dollars, although it has been worth double that amount.

"That the chief object of plaintiffs in building said church, and in giving the same, together with the ground upon which it was situated, to defendant, was to perpetuate the family name--the name of their father and mother, who were among the first settlers of this county, their mother having located here in the year 1825; the ground so conveyed to defendant being a part of a farm upon which their parents lived for a great many years. And plaintiffs say that the agreement hereinafter named under and by virtue of which the said gift was so made by them to defendant, having this end in view was the result of some negotiation, but that at length it was finally and fully completed, whereupon plaintiffs made the gift and without which agreement they would not have done so.

"Plaintiffs say that said church had been used by another congregation for several years prior to the date of said deed, but that the title always remained in the plaintiff, Mary, and plaintiffs further say that when said church was built, there was inserted in one of the walls thereof a stone, with the following words cut into it, to-wit: "Bales Chapel Church," which tablet, with the words upon it remains in said wall at this time.

"Plaintiffs state that defendant was a corporation sometime prior to February 1, 1895, but that it bore the name of the Walnut Grove Baptist Church, and plaintiffs say that they made known to said church that they were willing to give said church property in controversy to it, but that their object in so doing was to perpetuate their family name and that if and when they should do so, said corporation must change its name so as to accomplish said purpose, and plaintiffs say that defendant did agree, though not in writing, to change its name from the Walnut Grove Baptist Church to Bales Chapel Baptist Church, the name defendant now bears, and plaintiffs say that defendant executed its part of said agreement by legally changing its name as aforesaid, and that afterwards plaintiffs executed their part of said agreement by conveying to it, under its changed name, the property aforesaid.

"And plaintiffs say that had it not been for said agreement, and for its execution as aforesaid on defendant's part, they would not have executed and delivered to the defendants the deed aforesaid.

"Plaintiffs state that on said first day of February, 1895, and for several months prior thereto, an organization of Kansas City, composed of the pastors, deacons and three other members from each of the Baptist churches in said city--a Baptist Church Union--existed; that the object of this organization was to promote 'a more perfect union of the Baptist churches of Kansas City, to secure the utmost harmony in all denominational counsels, receive and hold property for denominational purposes, to assist feeble churches and to direct mission work in Kansas City, Missouri.'

"Plaintiffs say that churches were started by said organization and churches not self-sustaining were assisted by it, and plaintiffs say that said organization was an adviser and helper, seeking to guard the rights and to protect the material and spiritual interests of these mission churches, and as such acted for them and for their interests.

"Plaintiffs state that on the first day of February, 1895, and for a long time prior thereto, the Walnut Grove Baptist Church was a mission church in Kansas City, a church needing and receiving counsel and assistance from said organization.

"And plaintiffs say that after the aforesaid agreement between plaintiffs and defendant was entered into, the pastor of the defendant representing said corporation, reported the agreement to this aforesaid organization, which took action thereon, which action appears upon the record as follows:

"'Rev Wm. J. Williamson, pastor of the Walnut Grove Church reported to the Board that a Mr. Samuel Bales of East Twelfth street had made, in connection with his sister, a Miss Bales, a tender to him of the Bales Avenue Church property at the northwest corner of Twelfth street and Bales avenue. A good church building, fully equipped for church purposes, on a lot, 60x140 feet, worth some ten thousand dollars or twelve thousand dollars, which had been built by Mr. and Miss Bales some three and a half years ago, and ever since occupied by the Bales Avenue Christian Church, said church being about to abandon the field; the only conditions of the gift being: first, that the Walnut Grove Church move bodily; second, that the name be Bales Chapel Baptist Church; third, that the present pastor continue with the church two years; fourth, that the church becomes...