Brown v. Monroe
Court of Appeals of Kentucky
Case 84 — EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. This is substantially the same case as that of Newman v. Proctor, in 10th Bush. It is in regard to the identical property. The judgment in that case, as we think, has the authority of res adjudicóla, and if it be so, is decisive of this case.
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Case 84 — EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. This is substantially the same case as that of Newman v. Proctor, in 10th Bush. It is in regard to the identical property. The judgment in that case, as we think, has the authority of res adjudicóla, and if it be so, is decisive of this case. (2 Burr., 1009; Robinson’s Practice, 3; lb., p. 137, chap. 2, sec. 2, vol. 7; 4 Dali., 121.) 2. If appellees have organized themselves, or have been organized, into-a church, and that organization was separate and distinct from theM.E. Church, South, existing at the time of the deed, they have…
1Opinion of the CourtChief Justice Hargis
After a second hearing, and careful review of all the facts and legal questions involved in this litigation, we have arrived at a conclusion, as we think, in harmony with the deed under which the church property in question isUield, and within the policy and spirit of the action of the Methodist Episcopal Church, South, as shown by the rules and discipline and conferences of that body since the date of the deed.
In 1858 Snead and wife conveyed the lot on which the church is erected to trustees whose names are mentioned in the instrument, to be held by them “in trust for the use and benefit of…
2Cited by3 opinions
- Clay v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1944
- McRoberts v. MoudyMissouri Court of Appeals · 1885
- Union Benevolent Society No. 8 v. MartinCourt of Appeals of Kentucky · 1902