Grand Lodge, Independent Order of Odd Fellows v. Barker
Michigan Supreme Court
Appeal from Van Burén; Carr, J. Bill by the Grand Lodge, Independent Order of Odd-fellows of the State of Michigan, against George H. Barker and others to set aside a certain conveyance, and for an accounting. From a decree dismissing the bill, complainant appeals. The complainant was organized in 1847. It incorporated June 5, 1867, under Act No. 199, Laws of 1865 (2 Comp.
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Appeal from Van Burén; Carr, J. Bill by the Grand Lodge, Independent Order of Odd-fellows of the State of Michigan, against George H. Barker and others to set aside a certain conveyance, and for an accounting. From a decree dismissing the bill, complainant appeals. The complainant was organized in 1847. It incorporated June 5, 1867, under Act No. 199, Laws of 1865 (2 Comp. Laws, §§ 7990-8000). It reincorporated in September, 1899. Those parts of its constitution and by-laws material to this controversy are substantially as follows: The grand lodge has exclusive jurisdiction in Oddfellowship…
1Opinion of the CourtGrant, J.
(after stating the facts). The circuit judge dismissed the bill, holding that “the facts do not support a resulting trust, and none can be raised by parol in the case.” We doubt if this conclusion is correct. We, however, find it unnecessary to determine the question. If for any reason the decree dismissing the bill is correct, the reason given by the court below is immaterial.
It is apparent that there was no bad faith or fraud on *705the part of Mr. Barker, or any of the then members of the Covert lodge. All parties acted in good faith, and upon the belief that they were acting within their…
2Cited by1 opinion
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