Church of Christ v. Christian Church
Illinois Supreme Court
Appeal from the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is a bill in equity by appellant, against appellee, to enjoin an action of ejectment, to correct an alleged mistake in a deed and to confirm title to certain church property in the town of Hammond, Piatt county, in the complainant, and for general relief.
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Appeal from the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is a bill in equity by appellant, against appellee, to enjoin an action of ejectment, to correct an alleged mistake in a deed and to confirm title to certain church property in the town of Hammond, Piatt county, in the complainant, and for general relief. On answer by the defendant, and replication, the case was heard upon testimony produced in open court, and a decree rendered denying the relief prayed and dismissing the bill. The correctness of that decree is questioned upon this appeal. The…
1Opinion of the CourtChief Justice Wilkin
In our view of the record the controlling question in the decision of the case must be, in which of the claimants, the Church of Christ or the Christian Church, is the equitable title to the property in question?
There is no dispute in the evidence as to the following facts,—at least there is no conflict of evidence as to the evidence in relation thereto: On the 25th day of November, 1882, a congregation in the town of Hammond met and organized a church, and elected John Love, George W. Bunyan and Anderson Wacaser trustees of the Church of Christ. A certificate of the organization was duly…
2Cases cited2 opinions
- Ferraria v. VasconcellosIllinois Supreme Court · 1863
- Northwestern Distilling Co. v. BrantIllinois Supreme Court · 1873
3Cited by8 opinions
- Lakeview Trust & Savings Bank v. EstradaAppellate Court of Illinois · 1985
- Christian Church of Sand Creek v. Church of Christ of Sand CreekIllinois Supreme Court · 1906
- Stallings v. FinneyIllinois Supreme Court · 1919
- Covey v. Citizens Savings Bank (In Re Pak Builders)United States Bankruptcy Court, C.D. Illinois · 2002
- Pure Oil Co. v. BaylerIllinois Supreme Court · 1944
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