Clark v. Brown

• Decision Date: 27 February 1908
• Citation: 108 S.W. 421
• Parties: CLARK et al. v. BROWN et al.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

108 S.W. 421

CLARK et al. v. BROWN et al.^*

Court of Civil Appeals of Texas.

February 27, 1908.

Rehearing Denied March 12, 1908.

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Appeal from District Court, Marion County; P. A. Turner, Judge.

Action by William Clark and others against G. W. Brown and others. From a judgment for defendants, plaintiffs appeal. Reversed and rendered.

F. H. Prendergast and W. C. Caldwell, for appellants. Geo. T. Todd, Finley, Knight & Harris, John M. Gaut, and M. B. Templeton, for appellees.

HODGES, J.

This suit was filed in the district court of Marion county by the appellants, William Clark and others, against the appellees, G. W. Brown and others. The substantial averments of the petition present the following facts: That the plaintiffs compose the church session of the Cumberland Presbyterian congregation at Jefferson, Tex.; that the church owns two lots, upon one of which is located the church building, and upon the other the manse, or residence of the pastor in charge; that W. F. Jones, one of the appellants, is the trustee designated in the deeds to hold the property of that church known as the "manse," or residence for the minister in charge; and W. B. Ward, one of the appellees, is the trustee in whom is vested the legal title of the other church property, upon which is located the church building. It is alleged that the defendants assert themselves to be the church session of the congregation at Jefferson of a Presbyterian Church in the United States of America, called thereafter in plaintiffs' petition the Presbyterian Church. Then follows a history of the organization and development of the Cumberland Presbyterian Church, from its origin about the year 1810, together with its creed and Confession of Faith, and also those of the Presbyterian Church, from which it originally separated. There is also given a full history of the various changes in the creeds and doctrines of the two churches from the time of the division up until May, 1906, at which time, it is alleged, there was an attempted reunion by the General Assembly of the Cumberland Presbyterian Church, acting with the General Assembly of the Presbyterian Church. The various steps leading up to this reunion, from its incipiency to its consummation, are given in detail; but it is not necessary here to mention them, as all that are material will fully appear in the statement of the case hereinafter given. After giving the above historical data concerning the divergence and reunion of the two churches, together with their credal differences, plaintiffs then proceed: That on or about June 1, 1906, the defendants, asserting themselves to be the church session and the trustees of the Presbyterian Church, and asserting that the property at Jefferson (the church house and manse), which had theretofore belonged to the Cumberland Presbyterian Church, became by virtue of the union with the Presbyterian Church the property of that church, and asserting that the plaintiffs and the Cumberland Presbyterian Church had no further interest in the title of said property, took forcible possession of the said property, and by force ejected plaintiffs therefrom; that defendants still hold said property and exclude the Cumberland Presbyterian Church from the use of the same, and are appropriating it for the use and benefit of the aforesaid Presbyterian Church; and that defendants have no other claim to said property, except by reason of the union of the two churches. It is further averred that not more than 15 members of the congregation favor said union, where more than 30 members oppose it. Plaintiffs further allege that the defendants have employed one R. R. Rives, a minister in the said Presbyterian Church, to take charge of said congregation as pastor, and that this will be done unless they are restrained. Plaintiffs claim that they constituted a majority of the church session, and had the absolute right to control the use of said property, limited only by this: That it should be used for the legitimate church purposes of the Cumberland Presbyterian Church as a separate organization. The petition concludes with a prayer that the defendants be ordered to restore the use of the church house and manse to the Cumberland Presbyterian Church congregation at Jefferson, to be held and used by that church for legitimate church purposes as a separate church organization; that plaintiffs be placed in possession, and defendants be enjoined from employing any pastor who is a preacher in a Presbyterian Church, or any other person as pastor, except according to the laws, usages, and customs of the Cumberland Presbyterian Church as the same was aforetime; and, on final hearing, that the injunction be made perpetual. They also pray for general relief and costs, and a writ of possession.

The defendants answer, by general demurrer and special exceptions, a general denial. They also answer specially, in which they set out at length the history of the Cumberland Presbyterian Church, its various attempts at reunion with the original church from which it formerly had separated, many of the steps taken looking toward reunion, and the history of the doctrinal differences of the two churches, the revisions of the creeds of both, and all of the various steps officially taken leading up to the action of the General Assembly in May, 1906, when a majority of that body declared for and formed a union with the Presbyterian Church. They deny taking forcible possession of the church house and manse involved, but say that they have had quiet and peaceable and uninterrupted and lawful possession of the same at and before the filing of the bill herein; that the members of the Jefferson congregation number 40, and of this number there are 27 who favor and indorse the reunion. They say that it is not true that two-thirds, or even a majority, are opposed to the said union, and that plaintiffs do not constitute a majority of said session. They further say that the conveyances and deeds mentioned by plaintiff are both to and for the Cumberland Presbyterian Church, but are not devoted expressly to the teaching or support of any particular original form of doctrine or belief. They further aver that the Jefferson congregation and church session are but a subordinate member of the general church organization; the superior ecclesiastical tribunals consisting of Presbyteries and Synods, with the general and ultimate power of control of all moneys and properties, including church houses and manses, in a supreme judicatory called the General Assembly, under which the respondents have been and are still lawfully and peacefully holding possession of the property in controversy. They admit that they have employed Rev. R. R. Rives, who is doing the work of said office from Sunday to Sunday. In conclusion, they say that they will be seriously and irreparably injured and damaged by the granting of any writ that would suspend and paralyze the Christian work in which the respondents are actually engaged, and pray that the writ of injunction be denied and the bill dismissed, and for a decree quieting them in the title and possession of the Presbyterian Church in the United States of America in and to the church house and manse in controversy, and for relief, both legal and equitable, and costs of suit.

The facts alleged in the petition of the appellants, except those averments as to the proportion of membership who opposed the church union and as to appellants constituting the majority of the local church session, are all substantially established by the evidence. In fact, there is no conflict whatever in any portion of the testimony offered, and the determination of the case is made to depend upon the proper legal conclusions to be drawn therefrom. From evidence submitted we find the following facts:

Findings of Fact.

Some time prior to the year 1860 there was organized at Jefferson, Tex., a congregation of the Cumberland Presbyterian Church, of which the appellants and the appellees claim to be members in good standing. On different dates many years before the filing of this suit that congregation acquired, by purchase for a valuable consideration from different parties, the two lots or parcels of land involved in this suit, both situated in the town of Jefferson. One of the deeds shows that it was executed by the mayor in behalf of the city of Jefferson. It was in the usual form, reciting a consideration as follows: "That W. M. Harrison, W. B. Ward, and J. B. Ligon, trustees for and on behalf of the Cumberland Presbyterian Church at Jefferson, have sold and conveyed to the said city of Jefferson, by deed of the same date herewith, the following described real estate belonging to said church, on which its house of worship is situated, to wit: [Then follows a description of the property.] The said city of Jefferson has granted, bargained, and sold, and by these presents does grant, bargain and sell, to the said trustees, for the use and benefit of the Cumberland Presbyterian Church at the city of Jefferson aforesaid, the following described real estate: [Then follows a description of the property upon which the church building was situated.] To have and to hold to the said trustees in trust for the use and benefit of said church in fee simple." Another deed conveys additional property to the same trustees in substantially the same terms. There was also another deed from A. B. Brown and wife, dated August 5, 1903, conveying the property known as the "manse," or pastor's residence, to W. F. Jones, one of the plaintiffs in this suit, as trustee, which has the following recitation as to consideration and the manner in which the conveyance is made: "For and in consideration of the sum of $850 to us in hand paid by W. F. Jones, trustee for the Cumberland Presbyterian Church of Jefferson, Texas, * * * have granted, sold, and conveyed, and by these presents do grant, sell, and...