Russie v. Brazzell
Supreme Court of Missouri
Error to Harrison Circuit Court. (1) The church had a constitution in 1841; it remained identically the same until the alteration was •effected in 1889. (2) The constitution of 1841 was recognized and treated by the church as its organic law for nearly fifty years. See Bear v. Heasley, 98 Mich. 279; Schlichter v. Keiter, 156 Pa. St. 119; Philomath •College v. Wyatt, 31 Pac.
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Error to Harrison Circuit Court. (1) The church had a constitution in 1841; it remained identically the same until the alteration was •effected in 1889. (2) The constitution of 1841 was recognized and treated by the church as its organic law for nearly fifty years. See Bear v. Heasley, 98 Mich. 279; Schlichter v. Keiter, 156 Pa. St. 119; Philomath •College v. Wyatt, 31 Pac. Rep. 206. (3) Article 4 •of the constitution provides that no alteration shall be made, “unless by two thirds vote of the whole .■society.” It is altered and not in the mode provided. (4) The vote in favor of the amended…
1Opinion of the Court
Macfarlane, J. —
This suit is ejectment to recover possession of certain lots at Eagleville, Harrison county. The title to the lots is vested in trustees for the use of the “United Brethren in Christ,” by deed dated February 10, 1873. The property was used by the congre*99gation of said church as a parsonage. • The controversy grows out of a division in the church and said congregation, which occured in 1889. The• plaintiffs are the' "trustees of the branch known as liberals, and defendants are trustees of the branch known as radicals. Each claims the property as trustees of the church.
“The…
2Cases cited14 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- State ex rel. Bassett v. RenickSupreme Court of Missouri · 1866
- State v. WinkelmeierSupreme Court of Missouri · 1864
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844
- State ex rel. Woodson v. BrassfieldSupreme Court of Missouri · 1878
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3Cited by21 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Durfee v. HarperMontana Supreme Court · 1899
- Boyles v. RobertsSupreme Court of Missouri · 1909
- Committee on Missions v. Pacific SynodCalifornia Supreme Court · 1909
- Barkley v. HayesDistrict Court, W.D. Missouri · 1913
16 more not listed; retrieve them via the Exa API.