Liggett v. Ladd

• Decision Date: 22 November 1888
• Citation: Liggett v. Ladd, 17 Or. 89, 21 P. 133 (Or. 1888)
• Parties: LIGGETT et al. v. LADD et al. [1]
• Court: Oregon Supreme Court

21 P. 133

17 Or. 89

LIGGETT et al. v. LADD et al.^[1]

Supreme Court of Oregon

November 22, 1888

Appeal from circuit court, Benton county.

Joseph Liggett and others, members of the Methodist Episcopal Church South, brought suit for themselves and others, against W.S Ladd and others, regents of the Agricultural College of Oregon, to set aside a deed.A demurrer to the complaint was sustained, and plaintiffs appeal.

(Syllabus by the Court.)

One or more of the members of an unincorporated association may sue for the benefit of the whole to enforce a right in favor of the association which is cognizable in equity, where the members comprising it are so numerous that it would be impracticable to bring them all before the court.

The right to believe and teach religious doctrines includes the right to organize churches, establish seminaries of learning and acquire property for that purpose, and to claim the protection of the civil law in the enjoyment of such right.

Mere voluntary associations are incapable of taking and holding real property in their society name, but it may be held for their use and benefit through the intervention of a trustee who may be a natural or artificial person.When, therefore, an unincorporated religious association procured, through other parties, the formation of a corporation for literary purposes, the charter of which contained a provision that its object was to acquire and hold property in trust for such association, and that its trustees should be appointed by the representative of the latter, held, that property subsequently conveyed to it, unless the deed of conveyance limited it to a different use, must be deemed to have been taken in trust for the association.

And where the legislature, in providing for a college, the leading object of which should be to teach such branches of learning as are related to agriculture and the mechanic arts, in compliance with the provisions of the act of congress granting public lands to the several states and territories which might provide colleges for that purpose, passed July 2, 1862, designated and adopted the said corporation as the agricultural college of the state, in which all students should be instructed in accordance with the requirements of said act of congress, and the corporation accepted such designation and adoption in pursuance of a requirement of the legislature, held, that the relations of the corporation to the religious association were not thereby changed; that the state, in consequence of such act and acceptance, was not authorized to alter the charter of the corporation, or interfere with the right of the association to manage property conveyed to the former, as provided in the charter; and that the designation of the corporation as such college neither created a new entity, or changed its character as trustee of the property held by it for the benefit of the association.

Held, further, that a deed to land, subsequently executed to the corporation, which contained a provision to the effect that the premises should be used by it for the purposes of the agricultural college of the state, and that when they should cease to be so used they should vest and become the property of the persons who had or should contribute the purchase money, did not impress a trust upon the premises in favor of such college; that the latter as distinct from the corporation, was only ideal; that said provision in the deed referred to created a conditional limitation in favor of the persons who contributed the purchase money; and that the trustee of the corporation could not rightfully convey the land contrary to the will of the association.

George H. Williams and J.K. Kelly, for appellants.

James F. Watson and John Burnette, for respondents.

THAYER C.J.

The appellants, as plaintiffs, brought suit against W.S. Ladd and others, regents of the State Agricultural College of the State of Oregon, under the act of February 11, 1885, and the Corvallis College, alleging in their complaint the following facts.

That they were members in good standing of the Methodist Episcopal Church South of the State of Oregon, and brought the suit for themselves, as members of said church, and for other members thereof in the state.That said church was an unincorporated religious association, embracing in its membership a large number of persons in various parts of the state, with societies, churches, and ministers, devoted to the support and spread of the Christian religion.That the Corvallis College was an educational institution located at Corvallis, Or., and duly incorporated under the laws of the state; and the other defendants were persons claiming to be, and assuming to act as, the board of regents of the State Agricultural College of the State of Oregon.That said Corvallis College was duly incorporated under the laws of the state on the 22d day of August, 1868, by certain persons or trustees.That, by the second article of the articles of incorporation of said college, it is provided as follows: "The object of this incorporation is to acquire and hold property in trust for the Methodist Episcopal Church South, in the state of Oregon, and to endow, build up, and maintain an institution for educational purposes; and to confer all such honors, distinctions, and degrees as are usual in colleges.To be conducted and carried on under the direction and control of the trustees aforesaid, and their successors in office: provided, that said college shall be strictly a literary institution."Article 6 thereof provides as follows: "The trustees as aforesaid were appointed by the Columbia conference of the Methodist Episcopal Church South at their last annual meeting, and their successors will be appointed at the next annual meeting of said conference, and so on in perpetual succession, according to the laws, customs, and usages of said church."That on the 3d day of January, 1876, the trustees of said Corvallis College, duly appointed by said conference, made and filed supplementary articles of incorporation, adding to said second section the following: "And with full power and authority to make, execute, and deliver checks, promissory notes, and bills of exchange, for the purpose of paying the debts of said institution, and purchasing property necessary for the same; and to make, execute, and deliver deeds and mortgages of all or any of the property of said institution, when the same shall be sold or mortgaged, and to sell any and all property belonging to said college when the same shall be deemed unsuitable; and to purchase and hold other property of any name and nature, necessary and suitable to the complete success and purpose of said institution, not exceeding the sum of five hundred thousand dollars."

That on the 21st day of December, 1870, the legislative assembly passed an act designating and permanently adopting said Corvallis College as the agricultural college of the state, with a provision in the act that the college should accept the same, and be bound thereby.That on the 29th day of October, 1870, said Corvallis College duly accepted the act, and has since kept and observed all its provisions.That since said college was so made the agricultural college of the state it has been receiving students, and educating and fitting them for agricultural pursuits, according to the laws, regulations, and usages applicable to an agricultural college; and large contributions of property and money have been made by the members of said church and others for its support as the agricultural college of the state.That on the 11th day of April, 1871, George Roberts and wife, for the consideration of $4,500 to them paid, sold and conveyed, by deed duly executed, to said Corvallis College, certain real property, consisting of 34.85 acres of land, situated in said county of Benton.Said deed contains the following provisions: "And this conveyance is made to said Corvallis College to the end that the premises be used by said college as an agricultural farm, in connection and for the purpose of the Agricultural College of the State of Oregon.Now, whenever said premises shall cease to be used or occupied for the purposes of said agricultural college, then the said premises shall vest and become the property of the several persons who have or shall contribute the purchase money, in the proportions contributed by each person."That said purchase price of said property consisted of moneys contributed for the purchase of it as aforesaid by members of said church and others.That at the annual session of the said Columbia conference held in Albany on the 10th day of September, 1885, Robert L. Buchanan and 18 others were duly appointed by said conference as trustees of said college, as provided in said articles of incorporation.That said persons were and continued to be the lawfully appointed and acting trustees of said college until the 15th day of September, 1886.That said conference at the same session duly adopted a resolution declaring, in effect, that no change should be made by the trustees of said college affecting its rights or standing as the Agricultural College of the State of Oregon, which conference was, and at all times has been, the duly-authorized representative of said church according to its regulations and usages.

That on the 5th day of February, 1886, a majority of the said trustees, with a full knowledge of the said action of said conference, passed the following resolution, to-wit "That the president and secretary of this board be ordered to deed the college farm [referring to the land conveyed to the college by Roberts and wife] to the state of Oregon or its constituted authorities.That on the 20th day of February, 1886, the acting president and...