Mannix v. Purcell

• Decision Date: 21 December 1888
• Citation: 46 Ohio St. 102,19 N.E. 572
• Parties: MANNIX v. PURCELL et al.
• Court: Ohio Supreme Court

19 N.E. 572

46 Ohio St. 102

MANNIX v. PURCELL et al.

Supreme Court of Ohio.

December 21, 1888

[Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted]

Error to district court, Hamilton county.

This cause comes to this court by a proceeding in error to reverse the judgment of the district court upon the following finding of facts and conclusions of law:

‘ (1) That in the year 1833 the defendant John B. Purcell was appointed bishop of the Roman Catholic diocese which includes the city of Cincinnati, in this state; that afterwards, in the year 1855, he was appointed the archbishop of said diocese, and continued as such bishop or archbishop from the time of his first appointment as aforesaid until after his assignment, made in March, 1879; that his brother, Edward Purcell, came to Cincinnati in the year 1837, to be one of the Roman Catholic priests of this diocese, and was appointed as one of the priests for the congregation worshiping at the Cathedral, and was also appointed by the said archbishop as vicar general of the diocese, and has had the general management and control of the financial matters of the said archbishop; that, with the knowledge and acquiescence of the said archbishop, the said Edward Purcell, as soon as he came into the diocese, began to receive money on deposit, paying interest thereon, and loaning it out upon interest, and continued to receive money in said business until his indebtedness, arising out of said business, became too great to pay, and he made the assignment to the plaintiff; that he assumed to have authority to do this from the said John B. Purcell, who recognized such authority, and has assumed this entire indebtedness thus created by the said Edward Purcell as his own, and for which he has acknowledged that he is liable.

‘ (2) That at the time the said John B. Purcell was appointed bishop as aforesaid, and from that time, and for all the time till he made the assignment hereinbefore named, the canons, rules, and regulations governing the Roman Catholic Church of this diocese, and all its members, required that all property, land, and buildings, acquired and used for ecclesiastical purposes and parochial residences, including school-houses and seminaries of learning, asylums and cemeteries, should be conveyed to the bishop or archbishop of the said diocese by name, and his heirs and assigns forever, to be held by him in trust for the uses and purposes for which it was acquired; and, since he has been such bishop and archbishop as aforesaid, numerous churches and otherinstitutions have been acquired in this diocess for ecclesiastical purposes, according to the form and discipline to the Roman Catholic Church, including the churches, school-houses, parochial residences, asylums, seminary and cemeteries named in the petition in this case, and the same when acquired were conveyed by deed to the said John B. Purcell, his heirs and assigns, by reason of the said rules of the said church requiring it.

‘ (3) That the said John B. Purcell, being unable to pay his debts, on the 4th of March, 1879, conveyed certain specific real estate, including some of the lots named in the petition in this case, to his brother, Edward Purcell, to enable him to pay the debts incurred by him on account of the said John B. Purcell; and on the same day the said Edward Purcell did convey the same, and all his own property, to the plaintiff, in trust for the payment of said debts; and on the 11th of March, 1879, the said John B. Purcell also made an assignment to the plaintiff, in trust for the payment of his debts, of all his property which could by law or in equity be subjected to the payment of his debts; but said assignment did not include, nor was it intended to include, any property held by the said John B. Purcell in trust for others; and said instrument of assignment also recited that all the debts contracted by his brother were contracted on his account, for which he was morally and legally bound, and that all the debts were intended to be covered by this assignment, without discrimination; that said last-named deed of assignment did not enumerate any specific property, but at the time it was made the said John B. Purcell held the legal title by conveyances to him, his heirs and assigns, of the lots of land, with the churches and other institutions thereon, which are named in the petition, and at the same time was the owner of other property which had been devised or deeded to him unaffected by any trust, and which could be in law and equity subjected to the payment of his debts.

‘ (4) That all the churches, institutions, and other property named in the petition are situated in the Roman Catholic diocese of Cincinnati.

‘ (5) That the canons, rules, and regulations existing for the government of the Roman Catholic Church, and all its members, in said diocese, and in force therein during the time when the said churches, institutions, and other property were acquired, required that all churches acquired by the gifts, donations, and contributions of the members of the several congregations worshiping therein, and others, and all asylums, seminaries, cemeteries, and other property, acquired and used for ecclesiastical and charitable purposes, acquired by the gifts, devises, and contributions of the friends of said institutions and others charitably disposed, to be deeded to the said John B. Purcell, the bishop of the diocese, his heirs and assigns, and that the said churches and other institutions above named were thus deeded to the said John B. Purcell, his heirs and assigns, by reason of said rules and regulations, and for no other reason, and that the said John B. Purcell held the same in trust for the uses and purposes for which they were acquired.

‘ (6) That the several churches known as the ‘ Holy Trinity Church,’ ‘ St. Mary's Church,’ ‘ St. Anthony's Church,’ ‘ St. John's Church,’ ‘ St. Philomena's Church,’ the ‘ Church of the Atonement,’ ‘ St. Michael's Church,’ and the land on which they are situated, named in the petition, were severally bought, built, and paid for by the gifts and contributions of the members of the several congregations worshiping therein, respectively, and others, for the purpose of a church, where public worship might be held according to the forms, doctrine, and discipline of the Roman Catholic Church; that they were severally conveyed to the said John B. Purcell, his heirs and assigns, because the rules and regulations of the said church required them to be so conveyed; that neither the said John B. Purcell, nor his brother, Edward Purcell, contributed any money or other pecuniary aid towards them which had not been repaid; that, as to the said churches known as the ‘ St. Mary's' and the ‘ St. John's,’ the said John B. Purcell, as archbishop, before the assignment to the plaintiff, by instruments in writing duly executed, executed declarations of trust, reciting that he held said churches in trust for the several congregations who occupied them.

‘ (7) That the said church known as the ‘ St. Patrick's Church,’ on the corner of Third and Mill streets, in Cincinnati, and the ‘ St. Patrick's Church in Cumminsville,’ were bought, built, and paid for, except as hereinafter named, by the gifts of the members of said congregations worshiping therein, and others, for the purpose of a church where public worship might be held according to the forms, doctrine, and discipline of the Roman Catholic Church, but the same were conveyed to the said John B. Purcell, his heirs and assigns, because the rules and regulations of the said church required them to be so conveyed; that either the said John B. Purcell, or his brother, Edward Purcell, advanced, by way of loan, money to aid in the purchase or building of each of said churches; and the court find that the money advanced to aid the building of St. Patrick's Church in Cumminsville has not been repaid, but are unable to state the amount due, and as to the money advanced in the purchase of St. Patrick's Church in Cincinnati the court are unable to state whether it has all been repaid or not.

‘ (8) That the Cathedral and parsonage attached were bought and built by the said John B. Purcell, bishop of said diocese for the purpose of a cathedral for said diocese, and for the use of a congregation worshiping therein, but he took the title to said property in his own name, because the rules and regulations of the Roman Catholic Church for said diocese so required; that at the time of said purchase he intended, and so declared his intent, that it was for a cathedral for the whole diocese; that at the time he bought he solicited and received large sums of money, given him for the purpose of building said cathedral; that he caused it to be consecrated as such in 1845, and to be used as a place for public worship for a congregation worshiping therein according to the forms, doctrine, and discipline of the Roman Catholic Church; and the court find that he held the same in trust for the uses and purposes for which it was acquired; but that in purchasing and building the said cathedral the said John B. Purcell, or his brother, advanced large sums of money, which have not been entirely repaid, but the court is unable to state the amount now due on account of such advances. The several congregations occupying said churches were composed of men, women, and children of the Roman Catholic faith, worshiping therein, and there receiving the sacraments. They were not incorporated nor organized under any statute of the state, nor were they unincorporated associations where the members incurred any...