Walker v. McPherson

• Decision Date: 21 December 1916
• Docket Number: 6 Div. 254
• Citation: 74 So. 449,199 Ala. 486
• Parties: WALKER et al. v. McPHERSON et al.
• Court: Alabama Supreme Court

74 So. 449

199 Ala. 486

WALKER et al. v. McPHERSON et al.

6 Div. 254

Supreme Court of Alabama

December 21, 1916

Rehearing Denied Feb. 15, 1917

Appeal from City Court of Bessemer; J.C.B. Gwin, Judge.

Action by J.F. McPherson and others against J.E. Walker and others.Judgment for plaintiffs, and defendants appeal.Reversed and rendered.

Pinkney Scott, of Bessemer, for appellants.

C.L Odell, of Bessemer, for appellees.

GARDNER J.

In the year 1900 the Bessemer Land & Improvement Company, for the sum of $500, conveyed to James Eastis, W.S. McCulley, R.S Hickman, George D. Mingea, and J.F. McPherson, "trustees of the First Cumberland Presbyterian Church, Bessemer Ala.," certain lots situated in Bessemer.The above-named parties were duly appointed trustees of said church, an unincorporated religious body.Two of the trustees, McCulley and Mingea, are now deceased.

It is averred in the bill in this cause, and admitted in the answer, that the above-named church was a branch of the "Cumberland Presbyterian Church in the United States," and that subsequent to said conveyance the "Cumberland Presbyterian Church in the United States" united with the general religious body known as the "Presbyterian Church in the United States of America," and the Bessemer organization thereupon became "the First Presbyterian Church U.S.A., of Bessemer Ala."

There was also located in Bessemer a church known as "the First Presbyterian Church U.S., of Bessemer," a branch of what is commonly called the Southern Presbyterian Church.In 1908 said Cumberland or First Presbyterian Church U.S.A. was without a pastor and unable to maintain regular services.The First Church U.S. (being of a distinct denomination and having the stronger of the two congregations), was at this time considering the erection of a new church building and, it being apparent that there was not in Bessemer sufficient field for the successful work of two churches of practically the same faith, a proposition was made to unite the two, under the name of the "First Presbyterian Church of Bessemer," as a branch of the Southern or Presbyterian Church U.S.It was proposed that each church sell the property then occupied by it, and that the combined proceeds be used in the erection of a modern church building to be located on a lot owned by the First Church U.S. J.F. McPherson, one of the trustees and the only ruling elder of the First Church U.S.A., called a congregational meeting, by published notice, for the consideration of this proposition; and while there is no record evidence of this meeting, it is claimed that such was duly held, and that the members present unanimously expressed their desire for the consolidation, and signed a petition (which is attached as "Exhibit B" to the bill of complaint) addressed to the Birmingham Presbytery, which reads as follows:

"Bessemer, Ala., Dec. 15, 1908.To the Birmingham Presbytery of the Presbyterian Church U.S.A.--Greetings: We, the undersigned members of the First Presbyterian Church U.S.A., formerly the First Cumberland Presbyterian Church of Bessemer, Ala., believing that it would be to the best interest of our Church and the advancement of Christ's kingdom in our midst to join with the First Presbyterian Church U.S. (Southern), of Bessemer, respectfully request your permission to do so and to take our church property with us. ***"

After the aforesaid action of the First Church U.S.A., the First Church U.S., proceeded with the erection of the proposed new church building, and contracted indebtedness on the faith and credit of obtaining the proceeds of the sale of said Cumberland Church property.

Rev. H.L. Walker, one of the respondents here, becoming a member of the Birmingham Presbytery at about this time, took an active part, in July, 1909, in resisting before the Presbytery the above-quoted petition, and finally secured unfavorable action thereon.In the meantime no disposition was made of the property in question, and while many of the members had united with the First Church U.S., and others had gone elsewhere, a few still remained with the old church.

At the time of the proposed consolidation the First Church U.S.A had no indebtedness.After the unfavorable action of the Presbytery, Rev. H.L. Walker, under direction of the chairman of the Home Mission Committee of the Presbyterian Church U.S.A. took charge of the said Bessemer church with its then membership of 13 communicants.With these as a nucleus the respondent began work as pastor of the church,...