Fleming v. Rife

SANDIDGE, Judge.

This action arose out of a controversy between two factions of a church and involves the ownership and possession of the church property.

In 1938 the organizers of the church purchased land which was conveyed to three trustees “for the Church of Christ at Virgie, Pike County, Kentucky.” A church building was constructed thereon and dedicated in 1940. A schism arose in 1957, with the major difference between the factions concerning the use of instrumental music in the church services.

Appellants instituted this action to recover the exclusive possession of the church premises and…