Wilson v. Clinton Chapel African M.E. Zion Church
| Decision Date | 20 October 1917 |
| Citation | 198 S.W. 244,138 Tenn. 398 |
| Parties | WILSON v. CLINTON CHAPEL AFRICAN METHODIST EPISCOPAL ZION CHURCH. |
| Court | Tennessee Supreme Court |
Appeal from Chancery Court, Knox County; Will D. Wright, Chancellor.
Bill by Delia Wilson against the Clinton Chapel African Methodist Episcopal Zion Church. Decree for plaintiff in part, and defendant appeals. Remanded, with directions.
The bill in this case was filed by Delia Wilson claiming to be the owner and holder of a certain promissory note to recover thereon against the Clinton Chapel African Methodist Espiscopal Zion Church and certain defendants who had executed said note as trustees of said church and other defendants who constitute the present board of trustees of said church. She sought to hold the trustees executing the note individually liable thereon as well.
Certain defenses were interposed, which will be noticed later, and proof was taken. The chancellor dismissed the bill in so far as it sought to hold the former trustees individually liable but rendered a decree on the note against the present board of trustees in their official capacity, from which decree the board of trustees and the church have prosecuted an appeal to this court.
The note is in words and figures as follows:
"$650.00 Knoxville, Tenn., June 14, 1906.
Two years after date, for value received, we promise to pay to the order of William Alexander six hundred and fifty & 00/100 dollars, at the rate of 6 per cent. from date.
The undersigned principal and indorsers of this note waive demand note and protest thereof, and agree that if this note is placed in the hands of an attorney at law for collection, or has to be sued on, that he will pay 10 per cent attorney's fees in addition to the principal and interest, which fees shall be added to and become a part of the judgment.
For money loaned to A. M. E. Z. Church.
G. A. Robinson, Chm. Wm. Johnson.
A. G. Sliger. David Malcom.
Wm. Greenlee. Jno. H. Alexander, G. Sec.
W. A. Murrell. Wm. Alexander."
This instrument was indorsed in blank by William Alexander, the payee.
The proof indicates that Alexander and another had paid off an indebtedness created by the church for repairs on its building, for which a mechanic's lien doubtless existed, and this note was executed to reimburse Alexander. It appears that he mortgaged certain of his own property to raise the money to discharge the indebtedness of the church, and later lost his property under said mortgage.
It is insisted for the defendants that the parties executing the note were without authority to do so in such a way as to bind the church or the church property. This church was a voluntary, unincorporated religious association.
Our statutes relating to such associations and their right to hold and dispose of real estate are contained in sections of Thompson's Shannon's Code, as follows:
"2562. Religious Society; Power to Take and Hold Land.--Any religious denomination or society whether incorporated or not, may take, by deed or otherwise, and hold not exceeding five acres of land at one place for purposes of public worship or for a parsonage.
2563. Title Invested in Trustees.--All lands bought or otherwise acquired by any religious denomination or society, shall be vested in a board of trustees or other person designated by the members of such denomination or society, for the use and benefit thereof.
2564. When Trustees May Sell.--In all cases where any elders, trustees, or other church officer or officers, in any of the various churches or organizations of any religious denomination in this state, shall have had, or may hereafter have, any lands conveyed to them for the use of their respective churches or congregations as building sites, or for any other purpose, by deed, grant, devise, or in any other manner, they or their successors in office, according to the regulations of such church or congregation, may sell and convey the same by deed, which deed, when officially signed by such elders, trustees, or other church officer or officers, or their successors in office, and proven and registered as other deeds, shall pass the title, whether for life, for years, or in fee, to such land to the purchaser in as full and ample a manner as if said church officer or officers held the same as a corporation, and had conveyed it by deed under their corporate deed."
These statutes undoubtedly confer a legal existence and entity upon unincorporated religious associations (Rhodes v. Rhodes, 88 Tenn. 637, 13 S.W. 590; Nance v. Busby, 91 Tenn. 303, 18 S.W. 874, 15 L. R. A. 801); and such associations are endowed with limited powers to be exercised by the trustees thereof. They are authorized to hold not exceeding five acres of land for purposes of public worship or for a parsonage. Likewise, they are authorized through their trustees or officers to sell and convey such holdings of real estate according to the regulations of the churches or congregations.
Every corporation in addition to the powers expressly conferred by its charter has such implied powers as are reasonably necessary to accomplish the purpose for which it is authorized. Doty v. Telephone & Telegraph Co., 123 Tenn. 329, 130 S.W. 1053, Ann. Cas. 1912C, 167; Turnpike Co. v. Davidson County, 106 Tenn. 258, 61 S.W. 68; Turnpike Co. v. Montgomery County, 100 Tenn. 417, 45 S.W. 345, 58 L. R. A. 155; Union Bank v. Jacobs, 6 Humph. (25 Tenn.) 515. Likewise these religious associations, endowed with certain powers expressed in the statutes and noted above, have such additional powers as are necessarily implied from those granted. The expressed authority to hold land for the purpose of public worship or for a parsonage implies authority to erect a house of worship and a house for the pastor. The authority conferred on the trustees of such an association to hold land for the use and benefit of the association and the authority to sell such property implies a power to preserve and improve the same, so that it may be of use and benefit to the association, and may be maintained in condition to sell.
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...Supreme Court concluded that an ambiguity existed justifying the admission of parol evidence. In Wilson v. Clinton Chapel African M.E. Zion Church, 138 Tenn. 398, 198 S.W 244 (Tenn. 1917), the Tennessee Supreme Court held that an ambiguity existed as to the personal liability of the signato......
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