Harris v. Pounds

• Decision Date: 30 September 1879
• Citation: 64 Ga. 122
• Parties: Harris et al. v. Pounds et al.
• Court: Georgia Supreme Court

64 Ga. 122

Harris et al. v. Pounds et al.

Supreme Court of the State of Georgia

(September Term, 1879.)

Equity. Injunction. Trusts. Before Judge Pottle. Wilkes Superior Court. November Term, 1879.

Pounds et al. filed their bill in Wilkes superior court against Harris et al., setting out the following facts:

That some time prior to the 31st of December, 1838, *John Nisbet and Aaron T. Kendrick deeded to Fuller and others, trustees of Fountain Methodist Episcopal Campground, at Fountain, Warren county, 200 acres of land for the use of the Methodist Episcopal church of Warren county; that the deed has been lost, according to the information and belief of complainants, and that they also believe that the record of the same was destroyed by fire. That on the 31st of December, 1838, the legislature incorporated for thirty years "The M. E. Camp-ground, in the county of Warren, known by the name of 'Fountain Camp-ground, ' " naming as incorporators Aaron T. Kendrick and all the grantees in said deed and their successors in office, giving them the power and authority usual in such charters. That the third section of said charter provided as follows: "And be it further enacted, that when any vacancy may happen in the trustees by death, resignation or otherwise, that a majority of the trustees in office shall be, and are hereby, required to fill any and every such vacancy or vacancies from time to time." That on the expiration of said charter, no renewal was made until the 7th of April, 1877, when, by order of the superior court of Warren county, defendants, as trustees of said camp-ground, were named as incorporators, and said camp-ground again incorporated. That they were never elected trustees by the M. E. church or its authority; that the said church allowed them to remain until September, 1878, when, they refusing to report to said church and acknowledge its authority, said church, under its laws, dismissed them from office and appointed complainants as trustees of said camp-ground. That defendants refuse to surrender the said camp-ground to complainants, and threaten to proceed against them as trespassers should they enter on said camp-ground. The bill then re-fers to the act of 1805—Code, secs. 2343 et seq.—and recites that complainants have had their appointment recorded as therein required. The bill prays for an injunction against defendants, to restrain them from holding the camp-ground, etc., and that they may be removed from *office. Defendants demurred to the bill on the following grounds:

1st. Because there is no equity in the bill.

2d. Because title to the land embraced in the original deed and charters was never in trustees of M. E. church, nor were they ever amenable as such trustees to the discipline of said church, but title to said land was and is in other trustees, who are in no way subject to said church's authority.

3d. Because complainants have no authority to act as trustees of said camp-ground, not having been elected trustees as is required in original deed and the acts of and order of incorporation, as set out in exhibits to said bill.

4th. Because complainants have full and adequate relief for all their alleged wrongs in an ejectment suit in a common law court.

On the hearing, the court overruled the demurrer and granted the injunction, and defendants excepted.

W. M. & M. P. Reese; C. S. DuBose, for plaintiffs in error.

W. D. Tutt, for defendants.

JACKSON, Justice.

It is quite clear that equity has jurisdiction over charities and religious trusts and uses in a particular and special manner under our Code. Sections 3155, 3157, 3158. Indeed it has such jurisdiction over trusts generally, Code...