Christian Church at Pilgrim's Rest v. Littleville Camp, No. 258, Woodmen of the World

• Citation: 185 Ala. 80,64 So. 9
• Court: Supreme Court of Alabama
• Decision Date: 27 November 1913
• Parties: CHRISTIAN CHURCH AT PILGRIM'S REST v. LITTLEVILLE CAMP, NO. 258, WOODMEN OF THE WORLD, et al.

64 So. 9

185 Ala. 80

CHRISTIAN CHURCH AT PILGRIM'S REST v. LITTLEVILLE CAMP, NO. 258, WOODMEN OF THE WORLD, et al.

Supreme Court of Alabama

November 27, 1913

Appeal from Chancery Court, Colbert County; W.H. Simpson Chancellor.

Bill by the Christian Church at Pilgrim's Rest, against the Littleville Camp, No. 258, Woodmen of the World, and others to reform a deed. From a decree denying relief, complainant appeals. Affirmed.

The bill makes the following case: On July 29, 1910, one Murray and Bullington executed the following deed: "State of Alabama, Franklin County. Know all men by these presents that we, Sally Murray, and M.C. Murray, and J.D. Bullington for and in consideration of $25, which is a donation [of] Pilgrim Rest Church and W.O.W., but to all Christian denominations, Mormon and Catholic excluded, to us paid in hand by the church and Woodmen, which we donate back to church and Woodmen, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, and convey unto said church and Woodmen the following described property [Here follows description.] To have and to hold unto the said Pilgrim Rest Church and W.O.W., and their heirs and assigns forever. And we do, for our and our heirs, executors, and administrators, covenant with said church and W.O.W., heirs and assigns, that we ______ lawfully seised in fee simple of said premises, they are free from all incumbrances, and that we have a good right to sell and convey the said property and that we will, and our heirs, executors and administrators shall, warrant and defend the same to Pilgrim Rest Church and W.O.W., heirs, executors, and assigns, forever, against the lawful claims of any person whatsoever." Signed by the parties, witnessed and separately acknowledged before a justice of the peace, and duly recorded.

At the time this deed was made, Littleville Camp, No. 258, was composed of about 18 members, some of whom were Methodists, and some Christian or Campbellites. Afterwards a two-story building was erected on the lot, with contributions made by members of the Christian and Baptist Churches and Littleville Camp, No. 258, with the understanding and agreement that the first story should be used for a place of worship by the Christian denomination named tn the deed, and the upper or second story to be the home or place of meeting of Littleville Camp, No. 258, W.O.W. After the building was completed, about August, 1910, a Christian church was organized, with pastor and officers, who have since used the lower story for religious worship on the third Sunday of each month, and Sunday school on Sunday afternoon. The Baptist Church has used the same floor for the same purposes consecutively on the first Sunday of every month, and Sunday school every Sunday morning; the other denominations not hating availed themselves of any rights they might have had in the premises. This alternating use of the lower floor of the building was not interrupted until August, 1911, when, acting under a resolution passed by said camp of Woodmen, its agents took full control of the building, changed the lock, and have since excluded the complainants, the Christian Church at Pilgrim's Rest, from any further use of the building.

It is charged in the bill that the letters "W.O.W." in the deed mean and have reference to Littleville Camp, No. 258, Woodmen of the World, and that the expression in the deed "but to all Christian denominations, Mormon and Catholic excluded," mean and were intended to be understood to be all Christian denominations, except the Mormon and Catholic.

The bill prays for general relief, and specifically, first, that the deed be reformed so as to correctly name the grantee as Littleville Camp, No. 258, Woodmen of the World, and all Christian denominations, except the Mormon and Catholic second that the agreement that the first story of the building should be used by Christian denominations be enforced, and the said camp of Woodmen be enjoined from interfering with complainant's use of the building as practiced, and as they may have a right; and, third, to ascertain and decree the right of complainant, and of the Baptist Church...