Edgmond v. Brixey
| Citation | 450 S.W.2d 166 |
| Decision Date | 09 February 1970 |
| Docket Number | No. 2,No. 54473,54473,2 |
| Parties | Jack EDGMOND, Jesse Drumright, and Edward Drumright, Trustees of the Little Zion Baptist Church, Plaintiffs-Respondents, v. Buster BRIXEY, Jewell Brixey, Junior Brixey, and Betty Brixey, Defendants-Appellants |
| Court | United States State Supreme Court of Missouri |
Moore & Brill, Richard D. Moore, Newton C. Brill, West Plains, for plaintiffs-respondents.
Harold L. Henry, West Plains, for defendants-appellants.
LAURANCE M. HYDE, Special Commissioner.
Action by plaintiffs, alleged to be trustees of the Little Zion Baptist Church, to ascertain and determine title to land in Howell County occupied by the church. § 527.150 RSMo, V.A.M.S. The trial court entered judgment that fee simple title be vested in the trustees of the church and defendants, who claim to own the land, have appealed.
Defendants Brixey claim title under a sheriff's deed in partition which described the whole 40 acre tract on which the church was located, using two acres in the northeast part thereof. Defendants claim the use by the church was permissive, while plaintiffs claim under an unrecorded lost deed by a former owner and by adverse possession of more than 30 years.
Defendants contend that plaintiffs are not trustees of the church, and not even members, but are interlopers who have been excluded from the church and thus are not real parties in interest as required by § 501.010 RSMo, V.A.M.S., and were not entitled to sue. Defendants raised this issue by motion to dismiss which was overruled. Defendants also sought to show these facts by the church clerk and the church records but were not permitted to do so.
In Harger v. Barrett, 319 Mo. 633, 5 S.W.2d 1100, 1102, we held 'that one or more members of a voluntary association, whether or ganized for private or public purposes, may sue for or in behalf of all of the members.' See also 76 C.J.S. Religious Societies § 102 p. 891; 45 Am.Jur. 796, Religious Societies § 93; Ruggles v. International Ass'n of Bridge, Structural and Ornamental Iron Workers, 331 Mo. 20, 52 S.W.2d 860, 862; Morris v. Willis Mo.Sup., 338 S.W.2d 777, 779, and cases cited. Incapacity of plaintiffs to sue may be waived by failure to timely raise the issue, Harger v. Barrett, 5 S.W.2d l.c. 1102, but it was timely raised and kept alive herein both by motion to dismiss and by offer of evidence. If plaintiffs are not members of the religious association involved which operates the church then they have no standing as plaintiffs to bring this action. None of the plaintiffs testified so there is nothing in the record to show that they are members of this religious association. The court should have heard evidence on that issue and decided it, because if plaintiffs had no standing...
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Fowler v. Bailey
...brings an action for the benefit of the members of the church, because membership shows standing to bring the action. Edgmond v. Brixey, 450 S.W.2d 166, 167-168 (Mo.1970). The plaintiffs failed to show that the church property they complained about was no longer in the custody of Saint Andr......
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Lumberman's Underwriting Alliance v. Hills
...to sue under Missouri law,6 an action on behalf of the association may be maintained by one or more of its members. Edgmond v. Brixey, 450 S.W.2d 166 (Mo. 1970); Harger v. Barrett, 319 Mo. 633, 5 S.W.2d 1100 Each of plaintiff's subscribers have granted to U. S. Epperson Underwriting Company......
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American Family Mut. Ins. Co. v. Brown, WD
...evidence rejected by the trial court if it is admissible and preserved, Brewer v. Blanton, 555 S.W.2d 381 (Mo.App.1977); Edgmond v. Brixey, 450 S.W.2d 166 (Mo.1970), that rule does not apply because rejected evidence goes to the proof of the merits of a case or a defense on the merits, and ......
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Bruce v. Spillman, 26191
...and there'. We have carefully reviewed the authorities cited by defendants and do not find them in point. The cases of Edgmond v. Brixey, 450 S.W.2d 166 (Mo.1970); State ex rel. Northside Church of God v. Church of God, 247 S.W.2d 542 (Mo.App.1952), and Coates v. Parchman, 334 S.W.2d 417 (M......