Brown v. Clark

• Decision Date: 03 March 1909
• Parties: BROWN et al. v. CLARK et al.
• Court: Texas Supreme Court

116 S.W. 360

BROWN et al. v. CLARK et al.

Supreme Court of Texas.

March 3, 1909.

Error from Court of Civil Appeals of Sixth Supreme Judicial District.

Action by William Clark and others against G. W. Brown and others. Judgment of the Court of Civil Appeals (108 S. W. 421), reversing a judgment of the district court for defendants, and defendants bring error. Reversed, and judgment of the district court affirmed.

M. B. Templeton, Geo. T. Todd, John M. Gaut, and Finley, Knight & Harris, for plaintiffs in error. F. H. Prendergast, for defendants in error.

BROWN, J.

This suit was instituted in the district court of Marion county by William Clark, W. F. Jones, Jas. Hasty, and Ed B. McDonald, claiming that they constituted the church session of the Cumberland Presbyterian Church at the city of Jefferson, Tex., against G. W. Brown, W. S. Haywood, J. C. Preston, and W. B. Ward, who claim to be the church session of the Presbyterian Church in the United States of America at Jefferson, Tex. The object of the suit was to recover from the defendants certain lots which were deeded by different persons at different times to trustees for the Cumberland Presbyterian Church at Jefferson, Tex. The deeds recite the payment of a valuable consideration by the church, and convey the lots to the trustees named for the Cumberland Presbyterian Church; the deeds being general warranty. The Cumberland Presbyterian Church had its origin as an organization about the year 1810. The Presbyterian Church of the United States of America had churches in Kentucky and Tennessee, with presbyteries organized therefor. In about the year 1801 some of the preachers disagreed with the mother church on the doctrine of fore-ordination and predestination, etc., and began to preach a different doctrine. It is unnecessary to detail what transpired during the time that this controversy was going on. The result was that in the year 1810 a number of the preachers that were so engaged organized the Cumberland Presbyterian Church. The church made rapid progress and development, and, in the course of a few years, overtures were made between it and the mother church for a reunion, but they were not able to agree until in the year 1903, when a plan was adopted which was accomplished in 1906, and the two churches were reunited. In the year 1885 the General Assembly of the Cumberland Presbyterian Church adopted a constitution for that church which was approved by the presbyteries, and was accepted by the churches generally. We here copy such portions of that constitution as are thought to be relevant to the questions involved in this litigation:

"25. The church session exercises jurisdiction over a single church; the presbytery, over what is common to the ministers, church sessions, and churches within a prescribed district; the synod, over what belongs in common to three or more presbyteries, and their ministers, church sessions, and churches; and the General Assembly, over such matters as concern the whole church; and the jurisdiction of these courts is limited by the express provisions of the constitution. Although each court exercises exclusive original jurisdiction over all matters specially belonging to it, the lower courts are subject to review and control of the higher courts in regular gradation."

"27. The church session is charged with maintaining the spiritual government of the church, for which purpose it is its duty to inquire into the doctrines and conduct of the church members under its care; to receive members into the church; to admonish, suspend, or excommunicate those found delinquent, subject to appeal. The church sessions shall observe and carry out the injunctions of the higher courts."

"29. A presbytery consists of all the ordained ministers and one ruling elder for each church within a certain district."

"31. The presbytery has the power to examine and decide appeals, complaints, and references brought before it in an orderly manner; to receive, examine, dismiss, and license candidates for the holy ministry; to receive, dismiss, ordain, install, remove, and judge ministers; to review the records of the church sessions, redress whatever they may have done contrary to order, and take effectual care that they observe the government of the church. The presbytery shall see that the injunctions of the higher courts are obeyed."

"37. The synod has power to receive and decide all appeals, complaints, and references regularly brought up from the presbyteries, to review the records of the presbyteries, and to redress whatever they may have done contrary to order; to take effectual care that presbyteries observe the government of the church, and that they obey the injunctions of the higher courts; to create, divide, or dissolve presbyteries, when deemed expedient; to appoint ministers to such work, proper to their office, as may fall under its own particular jurisdiction; in general, to take such order with respect to the presbyteries, church sessions, and churches under its care as may be in conformity with the principles of the government of the church and of the word of God, and as may tend to promote the edification of the church; to concert measures for promoting the prosperity and enlargement of the church within its bounds; and, finally, to propose to the General Assembly such measures as may be of common advantage to the whole church."

"40. The General Assembly is the highest court of this church, and represents in one body all the particular churches thereof. It bears the title of the General Assembly of the Cumberland Presbyterian Church, and constitutes the bond of union, peace, correspondence, and mutual confidence among all its churches and courts. * * * It shall meet as often as once every two years * * * and shall consist of commissioners from the presbyteries.

"41. Twenty or more of these commissioners, at least ten of whom shall be ministers, shall constitute a quorum."

"43. The General Assembly shall have the power to receive and decide all appeals, references and complaints regularly brought before it from the inferior courts; to bear testimony against error in doctrine and immorality in practice, injuriously affecting the church; to decide in all controversies respecting doctrine and discipline. * * * To receive under its jurisdiction other ecclesiastical bodies whose organization is conformed to the doctrine and order of this church."

"60. Upon the recommendation of the General Assembly, at a stated meeting, by a two-thirds vote of the members thereof, the confession of faith, catechism, constitution, and rules of discipline, may be amended or changed when a majority of the presbyteries, upon the same being transmitted for their action, shall approve thereof."

"111. It is a prerogative of these courts, ministerially, to determine controversies of faith and questions of morals, to set down rules and directions for the better ordering of the public worship of God and government of his church, * * * and authoritatively to determine the same, which determinations are to be received with reverence and submission."

In the year 1903 the General Assembly of the Cumberland Presbyterian Church and also the General Assembly of the Presbyterian Church of the United States of America each appointed a committee which was to constitute a joint committee on union and reunion of the two bodies. After deliberation, the joint committee agreed upon a basis of reunion, which was to be upon the basis of the confession of faith as reformed in 1903 of the Presbyterian Church of the United States of America. Each committee reported to its General Assembly that there was no material difference in the articles of faith of the two churches, and recommended a reunion of the two bodies of Christians. In 1906, after going through the regular and constitutional routine of being submitted to the presbyteries, the report of the committee was adopted in regular manner by a majority of the presbyteries and by the General Assembly of the Cumberland Presbyterian Church. There was at all times a strong minority which opposed the reunion, and, when the General Assembly of the Cumberland Presbyterian Church adopted the report and declared the union completed, the dissenting commissioners in attendance upon that General Assembly held a meeting, and organized another General Assembly of the Cumberland Presbyterian Church. Much dissatisfaction prevailed in the churches of the Cumberland Presbyterian, and in the church at the city of Jefferson, Tex., there was a difference of opinion upon the subject of reunion among its members. Those who opposed the reunion instituted this action, claiming that they constituted the session of the Cumberland...