Britton v. Jackson

• Decision Date: 22 November 1926
• Docket Number: Civil 2436
• Citation: 31 Ariz. 97,250 P. 763
• Parties: L. L. BRITTON and INDEPENDENT CHURCH OF GOD IN CHRIST OF PHOENIX, ARIZONA, a Corporation, Appellants, v. C. J. JACKSON, A. GILL and PERRY MAYO, Trustees of and for CHURCH OF GOD IN CHRIST OF PHOENIX, ARIZONA, an Unincorporated Religious Society, Appellees
• Court: Arizona Supreme Court

250 P. 763

31 Ariz. 97

L. L. BRITTON and INDEPENDENT CHURCH OF GOD IN CHRIST OF PHOENIX, ARIZONA, a Corporation, Appellants, v. C. J. JACKSON, A. GILL and PERRY MAYO, Trustees of and for CHURCH OF GOD IN CHRIST OF PHOENIX, ARIZONA, an Unincorporated Religious Society, Appellees

Civil No. 2436

Supreme Court of Arizona

November 22, 1926

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. Affirmed.

Mr Henry J. Sullivan and Mr. I. J. Lipsohn, for Appellants.

Mr Edward E. Ingels, for Appellees.

OPINION

LOCKWOOD, J.

C. J Jackson, A. Gill and Perry Mayo, as trustees of and for the "Church of God in Christ of Phoenix, Arizona," an unincorporated religious society, hereinafter called plaintiffs, brought suit against L. L. Britton and "Independent Church of God in Christ of Phoenix, Arizona," a corporation, hereinafter called defendants, for the possession of certain real estate situated in the city of Phoenix. Defendants answered, and the matter was tried before the court sitting without a jury. Findings of fact and conclusions of law were duly made, and thereon the court rendered judgment in favor of plaintiffs, and defendants have appealed to this court.

There are some twelve assignments of error, which we will consider in respect to the issues of law raised thereby in such manner as seems best for the determination of the case. It appears from the findings of fact that some time in the year 1916 a church congregation was organized in the city of Phoenix, known as the "Pilgrims' Mission." Shortly thereafter this congregation changed its name to "Church of God in Christ of Phoenix, Arizona," it being at the time an unincorporated religious society. It had various pastors from its organization up to the year 1920, some of whom were mere locum tenens and members of the local congregation, and others were sent to it under the rules of discipline of a certain nation-wide organization known as "Church of God in Christ," with headquarters in Memphis, Tennessee. Among the pastors so received by the local church from the general church was the defendant Britton.

The congregation being desirous of having a permanent home, Nelson Green and Aggie Green on April 26, 1920, deeded the premises involved in this action, of which they were then the unquestioned owners, to "Church of God in Christ of Phoenix, Arizona," which deed was duly recorded, and the congregation above referred to, with subscriptions and donations from themselves and the general public, built a church building on the land, together with the other improvements incident to such an edifice.

In December, 1922, one J. W. Taylor was duly appointed by the board of elders of the general church above referred to, in strict conformity with its rules of discipline, as the pastor of the local church in Phoenix, and successor of the defendant Britton, and came to Phoenix to take charge of the pastorate. The latter refused to turn over the church property to Taylor, whereupon a division or split occurred in the congregation, some of the members adhering to Britton and others to Taylor. Britton and his adherents retained possession of the premises in question, while Taylor and his supporters were excluded therefrom and compelled to worship elsewhere at such temporary quarters as they could obtain from time to time. On or about December 19, 1922, Britton and his faction renamed themselves "Independent Church of God in Christ of Phoenix, Arizona," as an unincorporated religious society, and on the 5th of June, 1924, incorporated with the same name under the laws of the state of Arizona. After their adoption of the new name in December, 1922, a deed was executed from James A. Lewis, Robert Kinch and William Johnson, as grantors, to "Independent Church of God in Christ of Phoenix, Arizona." On April 24, 1924, Taylor and his supporters, being advised that the original deed from the Greens was invalid, for the reason that the grantee named therein was not legally capable of receiving title, secured another deed from the Greens, who were still the holders of the legal title of the property, to C. J. Jackson, A. Gill and Perry Mayo, the plaintiffs herein, as trustees for the "Church of God in Christ of Phoenix, Arizona." On June 5th of the same year Britton and his adherents caused to be executed a deed covering the same premises with the grantor recited therein as "Independent Church of God in Christ of Phoenix, Arizona, an unincorporated religious society," and the grantee as "Independent Church of God in Christ of Phoenix, Arizona, a corporation."

There can be no question but that the findings of fact, the substance of which we have set forth, are supported by competent evidence, and therefore under our familiar rule we are bound to assume them to be true. Kilbourn v. Marshall, 24 Ariz. 63, 206 P. 785; Thomas v. Newcomb, 26 Ariz. 47, 221 P. 226. The court, however, in addition to those summarized above, made one finding which is conclusive of the case if it is allowed to stand, and it is around it that the real controversy, both in the trial court and in this tribunal, turned and turns. It is as follows:

"12. That the unincorporated Independent Church of God in Christ of Phoenix, Arizona, formed by defendant L. L. Britton and his adherents on or about December 19th, 1922, and later on incorporated under the same name on June 5th, 1924, under the laws of the state of Arizona, has at no time, nor does it now, adhere to the doctrines and usages and practices of the Church of God in Christ of Phoenix, Arizona, as they existed and were practiced at the time the property of the Church of God in Christ of Phoenix, Arizona, was acquired, and under which the Church of God in Christ of Phoenix, Arizona, has always, and does now, exist and function as a religious organization; but that the Independent Church of God in Christ of Phoenix, Arizona, has departed from the doctrines practices, and usages and intentions of the congregation of the Church of...