Fleming v. Rife
| Decision Date | 09 October 1959 |
| Citation | 328 S.W.2d 151 |
| Parties | John H. FLEMING et al., Trustees for the Church of Christ, etc., Appellants, v. Sheridan RIFE et al., Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Francis M. Burke, Pikeville, for appellants.
Charles E. Lowe, Pikeville, for appellees.
This action arose out of a controversy between two factions of a church and involves the ownership and possession of the church property.
In 1938 the organizers of the church purchased land which was conveyed to three trustees 'for the Church of Christ at Virgie, Pike County, Kentucky.' A church building was constructed thereon and dedicated in 1940. A schism arose in 1957, with the major difference between the factions concerning the use of instrumental music in the church services.
Appellants instituted this action to recover the exclusive possession of the church premises and to enjoin appellees from using same. Appellees, by answer and counterclaim, sought to be adjudged the true members of the Church of Christ and entitled to the church property.
The action was tried by the court without a jury. It was submitted to a special commissioner to hear evidence, to rule upon all points of law, and to file his report and recommendations to the court. On exceptions to the commissioner's report, the court filed a written opinion and entered a judgment directing that appellants and appellees were both entitled to the use of the church building and premises, that commencing on the first Sunday in August, 1958, the appellants should have the use of same for their morning services and the appellees the use of same for their evening services, and that thereafter the two factions should have alternate use of the premises each Sunday. The judgment further directed that neither faction should interfere with the other in the conduct of such services.
Appellants seek a reversal of the judgment, and contend they are exclusively entitled to the church premises. There is no cross-appeal.
It is admitted by all parties involved that this church is strictly congregational in its organization and activities. That being true, the lower court erred in apportioning the use of the church property. Bunnell v. Creacy, Ky., 266 S.W.2d 98; Bray v. Moses, 305 Ky. 24, 202 S.W.2d 749.
It is settled in this state that where there is a schism in a congregational church, the majority group are entitled to exclusive use of the church property, unless they have departed from the fundamental...
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Sanders v. Mattick
...prepared them, in absolute contradiction of that firm's method of bookkeeping.' The trial tribunal is the finder of fact. Fleming v. Rife, Ky., 328 S.W.2d 151 (1959); Standard Farm Stores v. Dixon, Ky., 339 S.W.2d 440 (1960); CR 52.01. Here a special commissioner, aided by a certified publi......
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Vogler v. Salem Primitive Baptist Church
...The Chancellor found in favor of those believing in limited predestination. The rule in such cases was stated in Fleming v. Rife, Ky., 328 S.W.2d 151: 'It is settled in this state that where there is a schism in a congregational church, the majority group are entitled to exclusive use of th......
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Rife v. Fleming
...of a finding of fact (CR 52.01) we could not properly determine which group was entitled to the exclusive use of the property. Fleming v. Rife, Ky., 328 S.W.2d 151. The same or a similar subject of controversy has given rise to other litigation reaching this court. See Martin v. Kentucky Ch......
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Stafford v. Stafford
...CR 52.01. The rule states that the facts shall be found "specifically." The rule is mandatory on the trial courts. We cite Fleming v. Rife, Ky., 328 S.W.2d 151 (1959) and Standard Farm Stores v. Dixon, Ky., 339 S.W.2d 440 The cornerstone of CR 52.01 is the trial court's findings of fact. It......