West Koshkonong Congregation v. Ottesen
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. The action is ejectment brought by three religious organizations known respectively as The West KosMconong Congregation, The Eastern KosIiTconong Congregation, and The Norwegian Evangelical Lutheran Church of St. Paul’s on Liberty Prairie, against the defendant', Ottesen, to recover possession of ninety acres of land, constituting the joint parsonage of the three congregations, and which in fact was occupied by the defendant at…
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APPEAL from tbe Circuit Court for Dane County. The action is ejectment brought by three religious organizations known respectively as The West KosMconong Congregation, The Eastern KosIiTconong Congregation, and The Norwegian Evangelical Lutheran Church of St. Paul’s on Liberty Prairie, against the defendant', Ottesen, to recover possession of ninety acres of land, constituting the joint parsonage of the three congregations, and which in fact was occupied by the defendant at the time of the commence-ment of the action, he claiming to be the pastor of all of said congregations. Many facts…
1Opinion of the CourtWiNslow, J.
The first question which naturally presents itself for decision in this action is as to the validity and effect of the proceedings taken to incorporate the Eastern Church. It stands admitted on the pleadings that the Liberty Prairie Church was duly incorporated in 1862. The proofs leave no doubt as to the regularity of the proceedings to incorporate the West Church; but it is most vigorously contended by the appellant that the Eastern Church has never been legally incorporated, and consequently has no standing in court. The facts are not seriously in dispute. It appears that at the time of…
2Cases cited3 opinions
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Trustees of St. Jacob'S Lutheran Church of Eden v. BlyNew York Court of Appeals · 1878
- Kulinski v. DambrowskiWisconsin Supreme Court · 1871
3Cited by16 opinions
- Smith v. PedigoIndiana Supreme Court · 1893
- Western Conference of Original Free Will Baptists v. MilesSupreme Court of North Carolina · 1963
- Attoe v. Madison Professional Policemen's Ass'nWisconsin Supreme Court · 1977
- State v. CumminsIndiana Supreme Court · 1908
- Butler v. WagnerWisconsin Supreme Court · 1874
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