Windley v. Mccliney

• Decision Date: 19 February 1913
• Court: North Carolina Supreme Court
• Parties: WINDLEY et al. v. McCLINEY et al.

77 S.E. 226

161 N.C. 318

WINDLEY et al.

v.McCLINEY et al.

Supreme Court of North Carolina.

Feb. 19, 1913.

1. Religious Societies (§ 11^*)—Congregational System of Government—Control of Majority.

Under the congregational polity followed by Baptist Churches, each congregation is independent in government, and a majority of its members control.

[Ed. Note.—For other cases, see Religious Societies, Cent Dig. §§ 80-86; Dec. Dig. § 11.*]

2. Religious Societies (§ 22*)—Religious Services—Rights of Members to Worship.

The congregation of a Baptist Church, independent in its government and controlled by a majority of its members, collectively purchased its church property which was conveyed to trustees of the "Free Will Baptist Church, " and subsequently defendant trustees, representing a two-thirds majority of its members, united in a conference known as "United American Free Will Baptist" Church, and adopted its discipline and chose a pastor, whereupon plaintiffs, a minority of the membership, were dropped from membership, withdrew, and chose another pastor. It appeared that there was no such difference in doctrine or discipline as to effect a transfer of the church to another denomination, and that it still remained an original Free Will Baptist Church. Held, that the majority were entitled to the free and unrestrained use of the church building, subject to the right of the minority to attend their regular services.

[Ed. Note.—For other cases, see Religious Societies, Cent. Dig. § 146; Dec. Dig. § 22.*]

Appeal from Superior Court, Beaufort County; Bragaw, Judge.

Action by George Windley and others, trustees, against Harmon McCliney and others, trustees. Judgment for defendants, and plaintiffs appeal. Affirmed.

Daniel & Warren, of Washington, N. C, and R. T. Martin, of Belhaven, for appellants.

Ward & Grimes, of Washington, N. C, for appellees.

CLARK, C. J. The plaintiffs, representing 55 of the membership of the colored Free Will Baptist Church at Pantego, brought this action against the defendants, representing 105 of said membership, to restrain them from worshipping in the church building which was owned by the congregation. The case in its general features nearly resembles that of Conference v. Allen, 156 N. C. 524, 72 S. E. 617, which is decisive of this case.

This church, like all Baptist Churches, was congregational in its church polity, and each congregation is independent in government, and a majority of its members control. The judge find as facts that this and other colored Baptist Churches of that section united in an Annual Conference known as "United American Free Will Baptist" Church and adopted a discipline; that in one of these conferences held in 1908 there was a revision of the discipline, on which subject there was division, and at the next Conference those churches which had voted to reject the revision were denied a seat in the Conference; that subsequently at a quarterly meeting of the Pantego church August 30, 1912, being the regular annual meeting for the election of a minister for said church, Rev. John Windley was elected pastor by a vote of 105 to 55, and at the same time the congregation voted to adopt the revised discipline. Thereupon the minority (whom the plaintiffs in this case represent) withdrew, and chose another pastor. Subsequently in October, 1912, the congregation by a vote of 105 elected a board of trustees, who are the defendants in this action, together with the pastor, said Rev. John Windley. The judge further finds as facts that "neither the General nor Annual Conference of the United American Free Will Baptist Church (with which the defendants affiliate) nor the Annual Conference of the Free Will Baptists (with which the plaintiffs affiliate) has any control or governmental authority over the individual...