Legal Opinion

Morris v. Griffin

Supreme Court of Arkansas

Decided December 13, 1920PublishedCited by 2 opinions

Appeal from Little River Chancery Court; James D. Shaver, Chancellor; STATEMENT OF FACTS. Appellants brought this suit in equity against appellee to obtain the right to the custody of a Catholic church house and cemetery in Little River County, Arkansas, and to restrain appellee from the further use thereof.

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Appeal from Little River Chancery Court; James D. Shaver, Chancellor; STATEMENT OF FACTS. Appellants brought this suit in equity against appellee to obtain the right to the custody of a Catholic church house and cemetery in Little River County, Arkansas, and to restrain appellee from the further use thereof. The material facts are as follows: On November 1, 1919, the parties whose names appear in the body thereof signed a contract which is as follows: “Memorandum of agreement between the Right Rev. John B. Morris, D. D., as lessor, and Rev. Thomas Martin, as lessee, entered into on this the…

1Opinion of the CourtHart, J.

(after stating the facts). The decision of the chancellor was wrong. In Monk v. Little, 122 Ark. 7, it was held that courts may properly assume jurisdiction of a dispute between different factions of a church organization where property rights are involved, and that in the exercise of such jurisdiction a chancery court will restore the possession of such property to the duly constituted church authorities and will restrain those who are in rebellion to the constituted authorities from using it. This seems to have been recognized as the law by the chancellor, but he- seems to have denied…

2Cases cited3 opinions

  1. Monk v. LittleSupreme Court of Arkansas · 1916
  2. Dunlap v. MooseSupreme Court of Arkansas · 1911
  3. Washington v. MooreSupreme Court of Arkansas · 1907

3Cited by2 opinions

  1. Ray v. StroudSupreme Court of Arkansas · 1942
  2. Garrett v. EdwardsSupreme Court of Arkansas · 1925

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