Immanuel's Gemeinde v. Keil
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. Mc-Eleoy, judges! STATEMENT. This action was commenced in the district court by Fred. Keil, J. G. Michaelis, and J. F. Karst, who, it is alleged, were acting for themselves and 147 others in bringing the action, all being members of a church congregation of the Lutheran faith. The defendants in the action below were Immanuel’s Gemeinde, a religious corporation, Fred.
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Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. Mc-Eleoy, judges! STATEMENT. This action was commenced in the district court by Fred. Keil, J. G. Michaelis, and J. F. Karst, who, it is alleged, were acting for themselves and 147 others in bringing the action, all being members of a church congregation of the Lutheran faith. The defendants in the action below were Immanuel’s Gemeinde, a religious corporation, Fred. Nuss, and eight others, who, it is alleged, were in possession of the church property, keeping the same lacked, by which plaintiffs below…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
There was some conflict in the testimony as to whether the congregation, at the time the property was obtained, inclined toward the doctrinal teachings of the Iowa synod, yet, there being considerable testimony tending to that effect, we cannot disturb the conclusion reached by the court below that such was the fact. The controlling question in the case is whether or not the decree ordering a division or sale of the property is authorized by the rules of equity applicable to such cases. Plaintiffs in error refer to the constitution adopted…
2Cases cited4 opinions
- Wheelock v. First Presbyterian Church of Los AngelesCalifornia Supreme Court · 1897
- Ferraria v. VasconcellosIllinois Supreme Court · 1863
- Baker v. DuckerCalifornia Supreme Court · 1889
- Niccolls v. RuggIllinois Supreme Court · 1868
3Cited by5 opinions
- Spenningsby v. Norwegian Evangelical Lutheran Trinity CongregationSupreme Court of Minnesota · 1922
- Lost River Norwegian Evangelical Lutheran Congregation v. ThoenSupreme Court of Minnesota · 1921
- Sawyer v. BrandonMississippi Supreme Court · 2002
- Huffhines v. SheriffSupreme Court of Oklahoma · 1916
- Jessie L. Sawyer v. Ezell BrandonMississippi Supreme Court · 2000