Vogler v. Salem Primitive Baptist Church

MONTGOMERY, Judge.

This controversy concerns the ownership of a cemetery and vacant church lot. It was sparked by the competing interests under two oil and gas leases. It is to be decided on the question of whether the founding congregation, originally known as the Regular Baptist Church “on/at Flat Creek,” believed in absolute predestination or limited predestination. The Chancellor found in favor of those believing in limited predestination.

The rule in such cases was stated in Fleming v. Rife, Ky., 328 S.W.2d 151:

“It is settled in this state that where there is a schism in a congregational…