Legal Opinion

Cumberland Presbyterian Church v. North Red Bank Cumberland Presbyterian Church

Court of Appeals of Tennessee

Decided May 15, 1968PublishedCited by 12 opinions

1Opinion of the CourtMcAMIS, P.J.

This case involves the title to property conveyed to “Trustees of the North Red Bank Cumberland Presbyterian Church” by deed dated September 17,1948.

The case turns on whether, in the absence of a controlling provision of the deed or church canon expressly forfeiting title upon withdrawal, a local congregation can withdraw from the parent organization without. losing title to the local church property.. The case has previously been before this court and, upon the granting of the writ of certiorari, was heard by the Supreme Court. In an unreported decision the Supreme Court remanded the case to…

2Cases cited10 opinions

  1. Helm v. ZarecorSupreme Court of the United States · 1911
  2. Trustees of Pencader Presbyterian Church v. GibsonSupreme Court of Delaware · 1941
  3. Barkley v. HayesDistrict Court, W.D. Missouri · 1913
  4. Presbytery of Bismarck v. AllenNorth Dakota Supreme Court · 1946
  5. Shepard v. BarkleySupreme Court of the United States · 1918

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3Cited by12 opinions

  1. Church Of God In Christ, Inc. v. L. M. Haley Ministries, Inc.Tennessee Supreme Court · 2017
  2. Presbytery of the Covenant v. First Presbyterian Church of Paris, Inc.Court of Appeals of Texas · 1977
  3. Fairmount Presbyterian Church, Inc. v. Presbytery of Holston of the Presbyterian Church of the United StatesCourt of Appeals of Tennessee · 1975
  4. Church of God in Christ, Inc. v. Middle City Church of God in ChristCourt of Appeals of Tennessee · 1989
  5. Church of God in Christ v. Board of Trustees of New Jerusalem Church of God in ChristCourt of Appeals of Kansas · 1999

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