Legal Opinion

Morgan v. Gabard

Supreme Court of Alabama

Decided June 11, 1912PublishedCited by 14 opinions

Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by M. E. Gabard and others, against L. B. Morgan, and others, to declare and adjudicate the binding-effect of the union between the Presbyterian Church of the United States, and the Cumberland Presbyterian Church, and to fix and declare the rights of these complainants in and to the use of the church property. From a decree for complainants, respondents appeal.

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Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by M. E. Gabard and others, against L. B. Morgan, and others, to declare and adjudicate the binding-effect of the union between the Presbyterian Church of the United States, and the Cumberland Presbyterian Church, and to fix and declare the rights of these complainants in and to the use of the church property. From a decree for complainants, respondents appeal. The parties who filed the bill had not title to the property as it vested in the corporation or its trustees, and any right of action rested with the corporation…

1Opinion of the CourtMcCLELLAN, J.

This bill is filed by M. T. Gabard, G. T. Bennett, W. A. Given, J. C. Haislip, and W. A. Sanford. They are members of the Presbyterian Church in the United States of America, and of the local church of that faith at Gurley, Ala. Mr. Gabard is pastor thereof, and moderator of its church session, and Mr. Sanford is the clerk of the church session, and they, with the other complainants, constitute the church session of that church at Gurley. The complainants, with the exception of Mr. Gabard, were members of the Cumberland Presbyterian Church at Gurley before the *571general reunion of that…

2Cases cited10 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
  3. Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
  4. Burke v. RoperSupreme Court of Alabama · 1885
  5. Krecker v. ShireySupreme Court of Pennsylvania · 1894

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Williams v. JonesSupreme Court of Alabama · 1952
  2. Barton v. FitzpatrickSupreme Court of Alabama · 1914
  3. Manning v. YeagerSupreme Court of Alabama · 1919
  4. Guin v. JohnsonSupreme Court of Alabama · 1935
  5. Manning v. YeagerSupreme Court of Alabama · 1918

9 more not listed; retrieve them via the Exa API.

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