Trustees of East Norway Lake Norwegian Evangelical Lutheran Church v. Froislie

• Decision Date: 22 November 1887
• Citation: 35 N.W. 260,37 Minn. 447
• Parties: Trustees of East Norway Lake Norwegian Evangelical Lutheran Church and others v. Bernt Froislie and another
• Court: Minnesota Supreme Court

35 N.W. 260

37 Minn. 447

Trustees of East Norway Lake Norwegian Evangelical Lutheran Church and others v. Bernt Froislie and another

Supreme Court of Minnesota

November 22, 1887

The plaintiffs in this action are "The Trustees of the East Norway Lake Norwegian Evangelical Lutheran Church of Kandiyohi County, Minnesota," and "The Trustees of the West Norway Lake Norwegian Evangelical Lutheran Church of Kandiyohi County, Minnesota," and they brought the action in the district court for Kandiyohi county, to recover the possession of certain real property detained by the defendant, and of which the plaintiffs allege that they are the joint owners. The answer denies plaintiffs' incorporation and ownership, admit defendants' possession, and justifies the same under a lease from the administrator of the estate of L. J. Markus, deceased, under the circumstances stated in the opinion. The action was tried before Brown, J., and a jury, and plaintiffs had a verdict. Judgment was entered thereon, from which the defendants appeal.

Judgment affirmed.

Lomen & Torrison, for appellants.

Arctander & Arctander and James O. Pierce, for respondents.

OPINION

Mitchell, J.

On the trial of this case much irrelevant and immaterial evidence was introduced or offered, and almost all of the evidence offered by either party was objected to by the other. And when the case comes here on appeal, we are confronted with the formidable number of 42 assignments of error. But when this mass of rubbish is removed, the material facts are found to be comparatively simple, and the legal questions involved very few.

The action is ejectment. The common source of title under which both parties claim is a religious society, incorporated under Gen. St. c. 34, title 4, under the name of "The Trustees of the Norwegian Evangelical Lutheran Church of Norway Lake, Kandiyohi County, Minnesota," and called on the trial the "Old Society." This society acquired title of the premises in dispute by deed from Hanson and Heden, and used and occupied them as a parsonage or residence for their pastor. They employed as pastor one Markus, who received for his services as such a certain cash salary, and the use of this parsonage as a residence. He went into possession in October, 1870, and occupied it under this arrangement until the division of the society hereinafter referred to. In 1877 the members of the society having determined to divide, two new societies were organized, or attempted to be organized, under the statute. As appears from their respective certificates of incorporation, the name adopted by one of them was "The Trustees of the East Norway Lake Norwegian Evangelical Lutheran Church of Kandiyohi County, Minnesota," and by the other, "The Trustees of the West Norway Lake Evangelical Lutheran Church of the Town of Norway Lake Kandiyohi County, Minnesota." All of the members of the old society went into one or the other of these two, and thereafter the organization of the old society appears to have been abandoned, except for the purpose of closing up their business, and disposing of their property. Both of these new societies have ever since been in the exercise of all the usual powers and functions of religious corporations. They continued, however, to worship together in the old church until as late as June, 1878. At a meeting of the old society held June 28, 1878, it being desired to transfer their property to the two new organizations, but the description of a part of it in their deed from Hansen and Heden being considered not sufficiently definite, it was thought that the best way to correct this and accomplish the desired object was to reconvey to Hanson and Heden, and have them convey to the new societies. The society thereupon adopted a resolution authorizing their trustees to convey to Hanson and Heden, and requiring the latter then to convey to the two new societies. In pursuance of this the trustees of the old society conveyed to Hanson and Heden, and they in turn to plaintiffs. This is plaintiffs' title.

After the division of the old society, Markus continued to be the joint pastor of the two new societies, and as such was allowed to occupy the parsonage "just as he had before." He continued to occupy it until his death in December, 1885. After his death his administrator, claiming the right of possession, gave defendants the lease under which they now claim. The contention of defendants is that Markus was a tenant from year to year, and that on his death his personal representative was entitled to the possession until the termination of the year ending October, 1886, and thereafter until the tenancy should be terminated by notice to quit. This is clearly untenable. The contract between Markus and the old society first, and the new societies afterwards, as their pastor, was one purely personal to himself, and his occupancy of the parsonage was connected with and in consideration of his services as such, which did not create the conventional relation of landlord and tenant. This...