Presbytery of Indianapolis, of Synod of Ind., of United Presbyterian Church in U.S. v. First United Presbyterian Church (of Indianapolis), 667A14

• Decision Date: 03 July 1968
• Docket Number: No. 2,No. 667A14,667A14,2
• Citation: 238 N.E.2d 479,143 Ind.App. 72
• Parties: The PRESBYTERY OF INDIANAPOLIS, OF the SYNOD OF INDIANA, OF the UNITED PRESBYTERIAN CHURCH IN the UNITED STATES of America, Appellant, v. The FIRST UNITED PRESBYTERIAN CHURCH (OF INDIANAPOLIS), sometimes referred toas the First Reformed Presbyterian Church of Indianapolis, et al., Appellees
• Court: Indiana Appellate Court

Page 479

238 N.E.2d 479

143 Ind.App. 72

The PRESBYTERY OF INDIANAPOLIS, OF the SYNOD OF INDIANA, OF the UNITED PRESBYTERIAN CHURCH IN the UNITED STATES of America, Appellant, v. The FIRST UNITED PRESBYTERIAN CHURCH (OF INDIANAPOLIS) sometimes referred toas the First Reformed Presbyterian Church of Indianapolis, et al., Appellees.

No. 667A14.

Appellate Court of Indiana, Division No. 2.

July 3, 1968.

As Amended on Denial of Rehearing Sept. 13, 1968. See 240 N.E.2d 77.

Grier M. Shotwell, Indianapolis, Kothe, Shotwell & Kortepeter, Indianapolis, of counsel, for appellant

Nelson G. Grills, Indianapolis, for appellees.

OPINION

BIERLY, Judge.

This is an appeal from a judgment rendered by the Marion Superior Court, Room 5, Marion County, Indiana, against appellant in an action brought in said trial court,

'on behalf of an organized general church to establish its right of title to and possession of the church property of a subordinate, member congregation upon the latter's attempted withdrawal from the denomination, and the dissolution of the congregation.' (Appellant's brief)

Appellee Church took exception to above quotation and after the italicized word 'property' stated:

'of an Indiana Corporation whose members were also members of the congregation of a particular church of the general church body and who as a congregation of a particular church elected without dissent among the congregation to withdraw from the general church body.' (Appellee's brief)

Due to a wide variance as to the issues involved in this appeal by appellant and appellees, the statement of each is given. Appellant says,

'(T)he issue was as to the binding effect on the civil courts of a decision by the highest ecclesiastical court of an organized church body denying a petition by a member congregation for leave to withdraw from the denomination and take with it the property here in question because of alleged differences in faith, doctrine, discipline and practice and the consequent dissolution of the congregation under ecclesiastical law.' (Appellant's brief)

On the other hand, the appellees contend the issue was:

'What is the effect of a decision by the highest ecclesiastical court of an organized general church body denying a petition by the congregation of a particular church for leave to withdraw from the denomination and take with it the property here in question because of alleged differences in faith, doctrine, discipline and practice and the consequent dissolution of the congregation under ecclesiastical law upon the title to the property and the right of the possession of the property by an Indiana Corporation which the members of the congregation were corporate members and which held both title and possession to the property without limitation.' (Appellees' Answer Brief)

The issue was set forth in four paragraphs of Complaint Paragraph I was a plea in ejectment; Paragraph iI and IV involved pleas in equity upon the theory of a constructive trust; and Paragraph III plead a quiet. Defendants answered separately to each of these paragraphs, constituting in effect a general denial.

Trial was to the court without benefit of a jury. The court rendered a finding and judgment in favor of the defendants, and which judgment is as follows:

'IT IS NOW, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED by the Court that the plaintiff take nothing by its complaint, and that the defendants recover of and from the plaintiff their costs herein.'

Plaintiff timely filed a new trial motion which was overruled. This appeal followed. The sole assignment of error relied on is the overruling of appellant's motion for a new trial. Specification No. 9 in support of said motion alone is relied upon, the same being the decision is contrary to law.

A brief narration of incidents leading to the suit being filed in the trial court is apropos.

The Presbytery of Indianapolis commenced this action against the First United Presbyterian Church of Indianapolis for the purpose of recovery of the property of said First United Presbyterian Church, following said attempted secession from the United Presbyterian Church in the United Church of America in approximately May, 1958.

The First United Presbyterian Church of Indianapolis shall hereafter be designated as the Indianapolis Church. This church was organized December 22, 1896, and thence constituted a part of the United Presbyterian Church of North America.

The congregation of the Indianapolis Church, on March 30, 1958, adopted the following resolution:

'We, the said Congregation, instruct the Session and the Trustees, or a committee of them, to make known our decision to the Presbytery of Indiana and the General Assembly of the United Presbyterian Church of North America, and to request permission to withdraw from the denomination with our property.' (Emphasis supplied)

This request was denied on May 27, 1958. On this date the Union of the United Presbyterian Church of North America, and the Presbyterian Church of the United States of America, was consummated. This union was perfected in conformity to actions taken in accordance to their respective constitutions and united under the name of the United Presbyterian Church in the United States of America, and as a result, all constituent churches of the uniting churches became integral parts of the united church.

It was from the United Presbyterian Church of North America that the membership of the Indianapolis Church attempted to secede, thereby disregarding the tenets of the constitution of the church.

The Indianapolis Church continued in its attempt to secede and to remove its property from the jurisdiction of the Presbytery of Indianapolis, which was the judicatory of authority in accordance with the constitution of the United Presbyterian Church in the United States.

In accordance with procedure prescribed by the church laws and regulations, the Presbytery of Indianapolis cited the appellee church and ordered it to appear before the Presbytery on May 11, 1959, at a designated time and place, to show cause why the Indianapolis Church should not be dissolved. There was no response to this citation by or in behalf of the Indianapolis Church. On said date of May 11, 1959, the Presbytery dissolved the Indianapolis Church and ordered said Presbytery officials to recover and assume possession of the church property. Failure to recover the possession of the church property lead to the filing of suit in Marion Superior Court, Room 5.

The constitution of the United Church of the United States of America, and of which the appellee church is a subordinate part and subject to, as set forth in Form Govt. Chapters, XXXII, Section 11, provides:

'Whenever a particular church of the United Presbyterian Church in the United States of America, is formally dissolved by the Presbytery, * * * such property as it may have, both real and personal shall be held, used, and applied for such uses, purposes, and trusts as the presbytery may direct, limit, and appoint, or such property may be sold or disposed of as the presbytery may direct, in conformity with the Constitution of The United Presbyterian Church in the United States of America.'

The question we are called upon to resolve in this appeal, is whether the action by the trial court by its judgment decreeing that the appellee church retain the real estate in question, thereby ignoring the action taken by the authorized judicatory of the United Presbyterian Church in the United States of America, and the decision of the court is contrary to law and violative of the Constitution of the United States.

The appellant herein is requesting the Appellate Court to reverse the judgment of the trial court and to direct a judgment in favor of plaintiff and in so doing will uphold the action of the Presbytery of Indianapolis as being in accordance to law.

We shall approach the matter involved in this appeal by setting forth the organization of Presbyterianism in reference to the holding and possession of property.

In the case of Barkley v. Hayes (D.C., 1913), 208 F. 319, which case was affirmed on appeal cited at 8 cir., 222 F. 669, and 247 U.S. 1, 38 S.Ct. 422, 62 L.Ed. 939, the court in the opinion in 208 F. said in part, in referring to Presbyterian property rights:

'* * * In this church the religious congregation or ecclesiastical body holding the property is but a subordinate member of the general church organization in which there are superior ecclesiastical tribunals with a general and ultimate power of control, more or less complete, in some supreme judicatory over the whole membership of that general organization. The local congregation is itself but a member of a much larger and more important religious organization, is under its government and control, and is bound by its orders and judgments. Therefore, when the property held by the church is that purchased or conveyed for the general use of the religious congregation, not devoted forever by the instrument which conveyed it nor by any specific declaration of its owner to the support of any special religious dogmas, or any peculiar form of worship, it is and remains the property of the general church which exercises such general and ultimate power of control. It does not belong to the particular congregation which uses it, much less to the individual members of such a congregation. It does not belong to the presbytery or the synod, nor, in a strict sense, to the general assembly. It belongs to the church which is composed of its entire membership * * *.' (Not our emphasis)

'The government of the Presbyterian Church is republican and representative in character. Its administration is vested, not in the individual members, not in the congregations, but in the general assembly and the presbyteries; and the church as a whole, acting through its supreme governing bodies, exercises the ultimate rights of ownership and control over all its properties.'

The...