Lamb v. Cain

• Decision Date: 06 November 1891
• Docket Number: 16,065
• Citation: 29 N.E. 13,129 Ind. 486
• Parties: Lamb et al. v. Cain et al
• Court: Indiana Supreme Court

29 N.E. 13

129 Ind. 486

Lamb et al. v. Cain et al

No. 16,065

Supreme Court of Indiana

November 6, 1891

From the Wayne Circuit Court.

Judgment affirmed.

T. J Study, W. Lawrence and G. R. Young, for appellants.

J. F Kibbey, Gunckel and Rowe, for appellees.

Coffey C. J. McBride, J., took no part in the decision of this cause.

OPINION

Coffey, C. J.

This was an action by the appellees, in the Wayne Circuit Court, against the appellants, to recover the possession of the real estate described in the complaint, to quiet title thereto, and to enjoin the appellants from exercising any control over the meeting-house situated thereon. Upon issues formed, the cause was, by agreement, submitted to the court for trial, with a proper request for a special finding of the facts proven, with the court's conclusions of law thereon.

As the nature of the controversy between the parties fully appears by the special finding of the facts filed by the court, we need not refer to the pleadings in the cause. It appears from the special findings, among other things, that, at the time this action was brought, the Church of the United Brethren in Christ was an organized religious society in the United States, having official bodies for the government of the church, its members, congregations, and officers; each being clothed with certain powers, as follows:

First. The official board of each congregation, which meets monthly, and transacts the business of the congregations. It consists of the recognized preachers, exhorters, leaders, stewards, trustees, and Sunday-school superintendents who reside within the bounds of the congregation, or hold membership therein.

Second. The quarterly conference, composed of the presiding elder of the district, and the preacher in charge, and recognized preachers, exhorters, class-leaders and stewards, trustees and Sunday-school superintendents who reside within the district, or hold membership therein. It meets quarterly, and, among other things, appoints trustees of the meeting-houses, who hold during the pleasure of the quarterly conference.

Third. The annual conference, which meets yearly, is composed of the elders and licentiate preachers who have been received by the annual conference in each district, and is presided over by a bishop of the church.

Fourth. The general conference, which meets every four years, composed of elders, elected by the church members in every conference district throughout the society.

The official board is subordinate to the quarterly conference, the quarterly conference to the annual conference, and the annual to the general conference, the last being the highest legislative and judicial body of the church.

Some time prior to the year 1800 the Church of the United Brethren in Christ was organized as a religious society. No general conference of the church was held until 1815, when, on the 6th day of June of that year, the first general conference was held at Mt. Pleasant, in Pennsylvania, in pursuance of a call, which had before that time been made. This conference formulated a discipline, which contained the rules and doctrine, or confession of faith, of the church. Some changes in the phraseology of the last clause of this confession of faith were made by the general conferences of the church of 1819, 1825, 1833, 1837, 1841 and 1857, and in 1885 the confession of faith was as follows:

"Old Confession of Faith.

"In the name of God, we declare and confess before all men that we believe in the only true God, the Father, the Son, and the Holy Ghost; that these three are one--the Father in the Son, the Son in the Father, and the Holy Ghost equal in essence or being with both; that this triune God created the heavens and the earth, and all that in them is, visible as well as invisible, and, furthermore, sustains, governs, protects and supports the same.

"We believe in Jesus Christ; that He is very God and man; that He became incarnate by the power of the Holy Ghost in the Virgin Mary, and was born of her; that He is the Savior and Mediator of the whole human race, if they with full faith in Him accept the grace proffered in Jesus; that this Jesus suffered and died on the cross for us, was buried, arose again on the third day, ascended into heaven, and sitteth on the right hand of God, to intercede for us; and that He shall come again at the last day to judge the quick and the dead.

"We believe in the Holy Ghost; that He is equal in being with the Father and Son, and that He comforts the faithful, and guides them into all truth.

"We believe in a Holy Christian Church, the communion of saints, the resurrection of the body, and life everlasting.

"We believe that the Holy Bible, Old and New Testaments, is the word of God; that it contains the only true way to our salvation; that every true Christian is bound to acknowledge and receive it with the influence of the Spirit of God, as the only rule and guide; and that without faith in Jesus Christ, true repentance, forgiveness of sins, and following after Christ, no one can be a true Christian.

"We also believe that what is contained in the Holy Scriptures, to wit, the fall in Adam and redemption through Jesus Christ, shall be preached throughout the world.

"We believe that the ordinances, viz., baptism and the remembrance of the sufferings and death of our Lord Jesus Christ, are to be in use and practiced by all Christian societies; and that it is incumbent on all the children of God particularly to practice them, but the manner in which ought always to be left to the judgment and understanding of every individual. Also the example of washing feet is left to the judgment of every one, to practice or not; but it is not becoming of any of our preachers or members to traduce any of their brethren whose judgment and understanding in these respects is different from their own, either in public or private. Whosoever shall make himself guilty in this respect, shall be considered a traducer of his brethren, and shall be answerable for the same."

This confession of faith was never submitted for ratification or adoption to a vote of the members of the church, but became the confession of faith and doctrine of the church by reason of its adoption by the delegates to this general conference, and as such it remained until the meeting of the general conference held in May, 1889.

A general conference met in Pickaway county, Ohio, on the 10th day of May, 1841. This conference did not ratify the constitution adopted by the preceding general conference, but adopted another constitution. A motion was made in the conference that a constitution for the better government of the church be adopted. On the following day the motion for a constitution was called up, a spirited discussion ensued, the vote was taken, and carried in favor of a constitution--yeas 15, nays 7. On motion, a committee of nine--one from each conference district--was appointed to draft a constitution. This committee reported a constitution, which was read twice, and laid upon the table until the following morning, when it was read a third time by sections, and adopted. This constitution was as follows:

"Constitution of 1841.

"We the members of the Church of the United Brethren in Christ, in the name of God, do, for the perfecting of the saints, for the work of the ministry, for the edifying of the body of Christ, as well as to produce and secure a uniform mode of action, in faith and practice, also to define the powers and the business of quarterly, annual, and general conferences, as recognized by this church, ordain the following articles of constitution:

"Article I.

"Section 1. All ecclesiastical power herein granted, to make or repeal any rule of discipline, is vested in a general conference, which shall consist of elders, elected by the members in every conference district throughout the society; provided, however, such elders shall have stood in that capacity three years, in the conference district to which they belong.

"Sec. 2. General conference is to be held every four years; the bishops to be considered members and presiding officers.

"Sec. 3. Each annual conference shall place before the society the names of all the elders eligible to membership in the general conference.

"Article II.

"Section 1. The general conference shall define the boundaries of the annual conferences.

"Sec. 2. The general conference shall, at every session, elect bishops from among the elders throughout the church, who have stood six years in that capacity.

"Sec. 3. The business of each annual conference shall be done strictly according to discipline; and any annual conference acting contrary thereunto, shall, by impeachment, be tried by the general conference.

"Sec. 4. No rule or ordinance shall at any time be passed to change or do away the confession of faith as it now stands, nor to destroy the itinerant plan.

"Sec. 5. There shall no rule be adopted that will infringe upon the rights of any as it relates to the mode of baptism, the sacrament of the Lord's supper, or the washing of feet.

"Sec. 6. There shall be no rule made that will deprive local preachers of their votes in the annual conferences to which they severally belong.

"Sec. 7. There shall be no connection with secret combinations, nor shall involuntary servitude be tolerated in any way.

"Sec. 8. The right of appeal shall be inviolate.

"Article III.

"The right, title, interest, and claim of all property, whether consisting in lots of ground, meeting-houses, legacies bequests, or donations of any kind, obtained by purchase or otherwise, by any person or persons, for the use, benefit, and behoof of the Church of the United Brethren in Christ, is hereby fully recognized and...