Mertz v. Schaeffer

WOLFE, Commissioner.

This is a suit to enjoin the defendants from interfering with the plaintiffs’ use and control of the property of the Trinity Lutheran Church. The trial resulted in a decree for the plaintiffs which directed the defendants to turn over to the plaintiffs all the church property. From the decree the defendants prosecute this appeal.

All parties to this suit are members of the Trinity Lutheran Church. The church is about fifty years old and has been incorporated for the past thirteen years. It had been associated at all times with the Missouri Synod. In 1950 the Missouri Synod…