Pinkham v. Glover
Supreme Court of New Hampshire
Bill in Equity, to compel the defendants to deliver to the plaintiffs certain property of the Advent Christian Church of Concord. Pacts found by the court. The plaintiffs and defendants both claim to be the regularly elected and qualified officers of the church, and as such entitled to the possession of the property. For many years a religious society, called since 1869 tlie Advent Christian Church of Concord, has worshipped in its church building in Concord.
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Bill in Equity, to compel the defendants to deliver to the plaintiffs certain property of the Advent Christian Church of Concord. Pacts found by the court. The plaintiffs and defendants both claim to be the regularly elected and qualified officers of the church, and as such entitled to the possession of the property. For many years a religious society, called since 1869 tlie Advent Christian Church of Concord, has worshipped in its church building in Concord. The church records introduced contain a “ confession and covenant ” signed by the members, a constitution and by-laws purporting to…
1Opinion of the CourtWallace, J.
The legal title to the property in controversy is in the “ official board ” of the Advent Christian Church of Concord. The defendants are the official board, and as such entitled to the property in question, unless their action in relation to the incorporation of the church was a secession from the original church.
Whether the question of secession is to be regarded as one of fact, or as one of mixed law and fact (Hale v. Everett, 53 N. H. 9, 80, 106; Holt v. Downs, 58 N. H. 170, 171; Cong. Church in Groton v. Blood, 62 N. H. 431), the finding of the court at the trial term that the…
2Cases cited2 opinions
- Holt v. DownsSupreme Court of New Hampshire · 1877
- Congregational Church in Groton v. BloodSupreme Court of New Hampshire · 1882