Lowe v. First Presbyterian Church

I dissent. In reaching the result achieved in its opinion the majority has disregarded sound legal principles established by the earlier decisions of this court, which legal principles were evolved after careful consideration over a substantial period of time and deserve better than the cavalier treatment to which the majority opinion subjects them.

The first controversy over property of a hierarchical-type church to reach this court involved a schism in a Presbyterian congregation and resulted in three opinions being written. (Ferraria v. Vasconcelles, 23 Ill. 403; Vasconcellos v. Ferraria,…