White v. Rice

• Decision Date: 27 April 1897
• Court: Michigan Supreme Court
• Parties: WHITE ET AL. v. RICE ET AL.

70 N.W. 1024

112 Mich. 403

WHITE ET AL. v. RICE ET AL.

Supreme Court of Michigan

April 27, 1897

Appeal from circuit court, Cass county, in chancery; Orville W Coolidge, Judge.

Bill by Nathaniel White, Henry Ferrel, and E. D. Bronner, as trustees and agents of the Methodist Episcopal Church, against Samuel Rice, the Pleasant Valley Congregation of the Brethren Church, and others, for an injunction. From an order overruling a demurrer to the bill, the defendants appeal. Affirmed.

Howell & Carr and L. A. Tabor, for appellants.

Harsen D. Smith, for appellees.

LONG C.J.

This bill is filed for the purpose of obtaining an injunction restraining the defendants from interfering in any way with the Methodist Episcopal Church Society and the complainants in using a certain church edifice in which to hold religious services, and to prevent the defendants from interfering with the complainants in opening and entering said church for religious services. Upon the filing of the bill an injunction was issued and served upon the defendants in accordance with the prayer of the bill. The defendant the Pleasant Valley Congregation of the Brethren Church filed a general demurrer to the bill, setting out that the bill did not state a cause which entitled the complainants to any relief whatever. The other defendants answered the bill. The cause came on to be heard on the demurrer. The court overruled the demurrer, without costs and gave the defendants 30 days to answer. The appeal to this court is from the order overruling the demurrer.

It appears by the bill that the Pleasant Valley Congregation of the Brethren Church is a corporation organized and existing under chapter 170, How. Ann. St.; that in 1890 it owned a church building, which burned during that year; that subsequently negotiations were entered into between the members of that corporation and the members of the Methodist Episcopal Church Society, called the "Bethel Class Vandalia Circuit," and other persons in the neighborhood, to raise a common fund with which to rebuild such church edifice, and which it was agreed should be used not only by the Pleasant Valley Congregation, but by other denominations in common with them,-that is, the Baptist, Discipline, Methodist, Congregational, and Presbyterian denominations. The Pleasant Valley Congregation then claimed to have $930, which had been obtained from insurance on the old building, and that, if $400 would be raised by the other parties who were interested in the erection of the church edifice, and not belonging to the Pleasant Valley Congregation, but belonging to the other denominations, the Pleasant Valley Congregation would build such church upon what was called "White's Four Corners," and that such church should be open to worship by the other denominations above enumerated. The bill further charges that Walter Clark, the minister in charge of the Pleasant Valley Congregation, represented to the complainants White and his wife, Ella White, that it would locate such church upon White's Four Corners, on the land of said White, if the site could be obtained therefor, and that the complainant White stated that he would furnish the site and donate $100 for erecting the building on the express condition that it should be used only for church property, and that when erected, and when not in use by the Pleasant Valley denomination, it should be open for use by the Methodist, as well as the Baptist, Congregational, Presbyterian, and Disciple churches; that in that neighborhood there were people connected with said different denominations, either as members or in belief, and that they wanted a church in which they would be at liberty to worship; and that upon this condition, and no other, would he give said site or contribute the $100; that his proposition was accepted by said Walter Clark in behalf of said church; and that a deed was made and delivered on May 30, 1891. The deed expressed the consideration of "one dollar and other considerations hereinafter stated." After the description in the deed, it recited: "For and during the period or term that said land shall be used for church purposes, and no longer, said church, when on said site, shall, when not in use by the party of the second part hereto, be open for use to the following orthodox denominations, to wit, the Baptist, Disciple, Methodist, Congregational, Presbyterian, together with all and singular the hereditaments," etc. This deed was executed by Nathaniel White and wife to the Pleasant Valley Congregation of the Brethren Church, a body corporate under the laws of Michigan. The bill further alleges that in 1894 the quarterly conference of the Niles district authorized the Vandalia circuit to hold meetings in this building, and then made it a part of the Vandalia charge, and called it the "Bethel Class"; that the trustees of the Pleasant Valley Congregation, then denying that the complainants and the Methodist society had any right to occupy the church, excluded them therefrom. The bill contains the usual prayer for injunction, as above set forth, and further prays that the verbal agreement by which the contributions were made may be decreed to be specifically performed, and that the deed be decreed to create a trust, and that such trust may be enforced. The injunction which was issued in the case contains the command to the defendants that ...