Nelson v. Monitor Congregational Church
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement b3r Mr. Justice Bean. This is a suit by Andrew Nelson against the Monitor Congregational Church, a corporation, P. B. Hast3r, A. J. Olson and G. W. Leap, to enjoin a trespass upon three quarters of an acre of land. A decree was rendered by the Circuit Court in favor of defendants, and plaintiff appeals.
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From Marion: William Galloway, Judge. Department 2. Statement b3r Mr. Justice Bean. This is a suit by Andrew Nelson against the Monitor Congregational Church, a corporation, P. B. Hast3r, A. J. Olson and G. W. Leap, to enjoin a trespass upon three quarters of an acre of land. A decree was rendered by the Circuit Court in favor of defendants, and plaintiff appeals. In 1878 J. P. Shuck purchased a 40-acre tract of land in the J. B. Shank donation land claim in section 25, township 5 S., range 1 W., in Marion County, Oregon, which included the land involved in this suit. While J, P. Shuck and…
1Opinion of the CourtJustice Bean
1. It is the contention of the plaintiff that, because the trustees of the Monitor Christian Church transferred the 1-acre tract to the Congregational Missionary Board of Oregon without an order from the Circuit Court that entered the decree, the title of the trustees terminated, and the property reverted to the original grantor Shuck; and that, by reason of the latter’s deed to Nelson, the title passed to the plaintiff. The transfer of the premises by the trustees of the Monitor Christian Church was made with the voluntary consent of the members of that society, who were the beneficiaries.…
2Cases cited5 opinions
- Raley v. Umatilla CountyOregon Supreme Court · 1887
- Albany College v. MonteithOregon Supreme Court · 1913
- Amberson v. JohnsonSupreme Court of Alabama · 1900
- Chapman v. WilburOregon Supreme Court · 1873
- Sharp v. GoodwinCalifornia Supreme Court · 1876
3Cited by7 opinions
- Dillaway v. BurtonMassachusetts Supreme Judicial Court · 1926
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Pilgrim Evangelical Lutheran Church of the Unaltered Augsburg Confession of St. Louis v. Lutheran Church-Missouri Synod FoundationMissouri Court of Appeals · 1983
- Stansbery v. ChurchOregon Supreme Court · 1916
- Smiley v. KingOregon Supreme Court · 1977
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