German Evangelical Protestant Congregation of the Church of the Holy Ghost v. Schreiber
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Ttiomas C. Hennings, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action or to entitle the plaintiffs to the relief sought. The petition expressly states that neither of the plaintiffs after being incorporated ever received any conveyance of the land from the trustees of the church congregation nor from the congregation.
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Appeal from St. Louis City Circuit Court. — Hon. Ttiomas C. Hennings, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action or to entitle the plaintiffs to the relief sought. The petition expressly states that neither of the plaintiffs after being incorporated ever received any conveyance of the land from the trustees of the church congregation nor from the congregation. (a) A voluntary religious church association or congregation of people by simply forming a corporation by or among some of its members does not thereby convey any title or interest in any of…
1Opinion of the CourtBond, J.
This is a second appeal, the suit originating in the St. Louis Circuit Court in July, 1910, to quiet title in plaintiffs to certain described land commonly designated as the “Old Picker’s Cemetery.” In 1864, Johan Schreiber, together with his wife, Agnesa, conveyed this land, for a consideration of $1800, to A. C. Cordes and seven other specified trustees, to the use and benefit of the Herman Evangelical Protestant Congregation of the Church of the Holy Ghost. The land was laid out and platted as a cemetery and lots therein sold by the Congregation to purchasers, who received certificates…
2Cases cited13 opinions
- Taylor v. SuttonSupreme Court of Georgia · 1854
- Moore v. WingateSupreme Court of Missouri · 1873
- Morrill v. Wabash, St. Louis & Pacific RailwaySupreme Court of Missouri · 1888
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Studdard v. WellsSupreme Court of Missouri · 1894
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3Cited by10 opinions
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- State Ex Rel. State Highway Commission v. GriffithSupreme Court of Missouri · 1938
- Chouteau v. City of St. LouisSupreme Court of Missouri · 1932
- City of University City v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1941
- Schee v. BooneSupreme Court of Missouri · 1922
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