Presbytery of Huron v. Gordon
| Decision Date | 07 October 1941 |
| Docket Number | 8457 |
| Citation | 68 S.D. 228,300 N.W. 33 |
| Parties | PRESBYTERY OF HURON, Trustee for the benefit of the First Presbyterian Society of Bancroft, County of Kingsbury, SD, aka Murdock Memorial Presbyterian Church of Bancroft, SD Respondents, v. A. CULVER GORDON, et al, Appellants. |
| Court | South Dakota Supreme Court |
Appeal from Circuit Court, Kingsbury County; Hon. Frank R. Fisher, Judge.
# 8457—Affirmed.
Max Royhl, George E. Longstaff, Huron, SD
Attorneys for Appellants.
E. A. Berke, Brookings, SD
Attorney for Respondents.
Opinion filed Oct 7, 1941
This action deals with the beneficial interest in real property held by the “Murdock Memorial Presbyterian Church of Bancroft, South Dakota”, a religious corporation organized under the statutes of South Dakota. The controversy is the outgrowth of doctrinal differences which led members of the “Presbyterian Church in the United States of America” to withdraw from its fellowship and to form themselves into a church known as the Orthodox Presbyterian Church. For convenience we shall refer to these respective general church organizations as the “Presbyterian Church” and the “Orthodox Church.”
The Presbyterian Church is an organized religious society or church, operating under a written constitution and church laws and regulations establishing a common rule and guide in theology, duty, worship and church government. Judicial and administrative powers, under its plan of organization, are vested in four bodies. Listed in ascending scale in the order of their superiority these bodies are Sessions, Presbyteries, Synods, and the General Assembly. The Session is the local body: its immediate superior is the Presbytery. It is admitted by the pleadings that a Presbytery is a church judicatory of general jurisdiction in all matters pertaining to church property and government.
The plaintiff, the Presbytery of Huron, is a Presbytery of the Presbyterian Church, and Bancroft, South Dakota, is located within the boundaries of its territorial jurisdiction. The defendant, A. Culver Gordon, is an ordained minister of the Orthodox Church and is not a member of the Presbyterian Church. At the time of the institution of this action he was, occupying the manse and conducting regular religious services in the church located on the real property in question. The defendant H. D. Thaden was formerly Clerk of the Session of the Presbyterian Church at Bancroft, and is associated with his co-defendant in using the real property for religious purposes’ according to the practices of the Orthodox Church.
A local religious society of the Presbyterian Church existed at Bancroft prior to May, 1891. During that month the society incorporated under the provisions of the statutes of South Dakota. Its Articles of Incorporation stated its purpose as follows: “This corporation is formed for the purpose of maintaining and promoting religious worship, preaching the Gospel, instructing in Christian duty, and the proper enforcement of Church discipline upon its members according to the forms, usages and discipline of the Presbyterian Church of the United States of N. America.” Thereafter the corporation acquired title to the real property in question by warranty deeds in common form, the title so acquired being unlimited by any character of express or specific trust. The relationship between the local society and the general church remained unimpaired until 1936. During that year, under the leadership of its then minister, its members determined to withdraw from the Presbyterian Church and associate themselves with the Orthodox Church. A congregational meeting was held at which all but three present voted for the withdrawal; those three later acquiesced in the action. A notice of this action, signed by defendant Thaden, as Clerk of the Session, was immediately served on the plaintiff Presbytery. The notice stated that “At a special congregational meeting, duly called by the Session, the members of the Murdock Memorial Church voted to withdraw from the Presbyterian Church of the US A. and to sever our relationship with Huron Presbytery.” This action was taken without the consent of the Presbytery or any superior body of the church. Thereafter, at a meeting of the Presbytery, a resolution was adopted to demand the keys to the church and manse. Notice of this action, and demand for the possession of the property, was thereafter accordingly served on defendant Thaden and the then minister. Notwithstanding this demand the defendants and those associated with them have continued in the possession of the property and are using it for religious purposes in accordance with the doctrines, forms and discipline of the Orthodox Church. These and other facts are alleged in the complaint, and plaintiffs pray for equitable relief.
The court found for plaintiffs and decreed that the Murdock Memorial Church of Bancroft, South Dakota, a religious corporation, is the owner of the property impressed with a trust for religious purposes for the use of the loyal members of the Church, and that the use of defendants is unlawful and Without right; and it awarded the possession thereof to plaintiff for the use and benefit of the loyal members of the Church, and enjoined the defendants and those associated with them from interfering with the possession and use of the property by plaintiffs.
The principal question presented by the assignments of the defendants is whether the plaintiff, the Presbytery of Huron, is beneficially interested in this property held by the local religious corporation. The viewpoint advocated by counsel for defendants is predicated on two separate premises, viz., first, that the ownership of the local religious corporation is absolute, and second, if the property is impressed with an implied trust, the sole beneficiaries of that trust are the members of the local church or corporation. In our opinion, neither of the premises upon which counsel’s discussion proceeds is sustained in reason or by the current of judicial authority.
Although the “Murdock Memorial Church of Bancroft” is a separate...
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