Bennett v. Methodist Episcopal Church
| Decision Date | 24 June 1886 |
| Citation | 5 A. 291,66 Md. 36 |
| Parties | BENNETT v. TRUSTEES OF METHODIST EPISCOPAL CHURCH IN CITY AND PRECINCTS OF BALTIMORE. |
| Court | Maryland Court of Appeals |
Appeal from circuit court, Baltimore city.
Bill in equity for specific performance. Decree for plaintiff, and defendant appeals.
Thomas H. Clendinen, for appellant.
The appellant, by written agreement, contracted to purchase of the appellee, "the Trustee of the Methodist Episcopal Church of the City and Precincts of Baltimore," the lot of ground, with the church thereon situate, upon the corner of Charles and Fayette streets, Baltimore city. Apprehending difficulty in the way of the appellee's giving him a good title, he required the cloud to be cleared away before he would accept the property. A bill was therefore filed by the appellee in the circuit court for Baltimore city to enforce specific performance. The case was submitted to the circuit court upon an agreed statement of facts, and that court determined that the appellee could convey a good title, and accordingly decreed a performance of the contract. From that decree appeal was taken, and the sole question in the case is whether the title of the appellee to the lot in question is good.
By the agreed statement of facts it appears that on the twenty-third day of May, 1843, the Charles-street Methodist Episcopal Church of Baltimore, a corporation under the laws of Maryland, by deed duly recorded, acquired title from Alexander Lorman to a leasehold estate in the lot of ground in question. In the deed assigning the leasehold to the Charles-street Church occurs the following clause:
"In trust that there shall be erected and built thereon a house or place of worship for the use of the Methodist Episcopal Church, according to the rules and discipline which from time to time may be agreed upon and adopted by the ministers and preachers of the said church at the general conferences; and in further trust and confidence that they shall forever hereafter permit such ministers and preachers belonging to the said church, as shall from time to time be duly authorized by the general conference of the Methodist Episcopal Church, by the annual conferences authorized by the said general conference, to preach and expound God's Holy Word therein, and to execute the discipline, and administer the sacraments therein, according to the rules of said Methodist Episcopal Church; subject, however, to the payment of the aforesaid yearly rent of five hundred and forty dollars."
Subsequently to-wit, on the eleventh of March, 1872, the Charles-street Methodist Episcopal Church of Baltimore, by deed duly recorded, assigned the said property to "the Trustee of the Methodist Episcopal Church in the City and Precincts of Baltimore." This deed of assignment contained no restrictions. On the thirteenth of December, 1883 the appellees, "the Trustees of the Methodist Episcopal Church in the City and Precincts of Baltimore," which is a corporation duly created under the laws of Maryland, purchased from Angelica Didier the reversionary interest or estate in the lot of ground hereinbefore described, and by that purchase the appellee became discharged and released from the payment of any ground rent; but whether such purchase and deed accordingly effected a merger of all interests in the appellee, and perfected its title, the appellant seems to have questioned, and asks us to decide on this appeal.
It is submitted by the appellant that, the Charles-street Methodist Church never having obtained the assent of the legislature to its holding the leasehold estate under the...
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