First Presbyterian Church v. Wilson
Court of Appeals of Kentucky
Case 25 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Congregation divided into two societies, each claiming to constitute the church named in the deeds. The sole issue is one of identity. 2. Civil courts recognize as conclusive, on parties, the proceedings and determinations of church tribunals acting within the limits of jurisdiction conferred by their own fundamental law of organization.
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Case 25 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Congregation divided into two societies, each claiming to constitute the church named in the deeds. The sole issue is one of identity. 2. Civil courts recognize as conclusive, on parties, the proceedings and determinations of church tribunals acting within the limits of jurisdiction conferred by their own fundamental law of organization. (Watson v. Avery, 2 Bush, 382; Gibson v. Armstrong, 7 B. Mon. 481; Sutter v. Trustees 1st. Ref. Ch., 42 Pa. St. 506.) 3. The Presbyterial system consists of a Confession of Faith, a Form of…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
In the summer and autumn of 1874 certain differences arose between the pastor, the Rev. S. R. Wilson, D. D., and seven of the ten ruling elders of the First Presbyterian Church in the city of Louisville, which were carried into the Presbytery of Louisville, of which the First Church was a constituent, and thence into the General Assembly of the Presbyterian Church in the United States, and finally resulted in the permanent disruption and division, into two unfriendly bodies, of a large and influential congregation which had theretofore dwelt…
2Cases cited3 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Burrel v. Associate Reformed Church of SenecaNew York Supreme Court · 1865
- Gartin v. PenickCourt of Appeals of Kentucky · 1868
3Cited by13 opinions
- Leeds v. HarrisonSupreme Court of New Jersey · 1952
- Boyles v. RobertsSupreme Court of Missouri · 1909
- Hayes v. ManningSupreme Court of Missouri · 1914
- Parker v. HarperCourt of Appeals of Kentucky (pre-1976) · 1943
- Clay v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1944
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