Lummus v. Miami Beach Congregational Church

None of the questions submitted to us is predicated upon any ruling on the pleadings and the chancellor’s decision was based on an agreed statement of facts, so we will preface our discussion of the applicable organic and statutory law with a summary of the factual situation outlined in the stipulation and dispense with any analyses of the bill, answer and interlocutory orders.

The plaintiff, to be designated hereafter as appellee, is a corporation, created for religious worship, and the owner of certain property in Miami conveyed to it in 1926 by warranty deed containing the restriction “that…