McRoberts v. Moudy
Missouri Court of Appeals
Appeal from Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case. This is an action of replevin for the recovery of certain property alleged to belong to a church, known as “ The First Baptist chnrch of Crescent Hill,” in Bates connty. The action was instituted in a justice’s court, and removed, at the instance of defendants, to the circuit court on writ of certiorari.
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Appeal from Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case. This is an action of replevin for the recovery of certain property alleged to belong to a church, known as “ The First Baptist chnrch of Crescent Hill,” in Bates connty. The action was instituted in a justice’s court, and removed, at the instance of defendants, to the circuit court on writ of certiorari. The material facts are that about the year 1878, a deed was made to certain trustees and their successors for a lot on which to build a church for the Baptist denomination at Crescent Hill. Money was subscribed by…
1Opinion of the CourtPhilips, P. J.
I. — This cause is argued here much as if the question to be determined involved the title to the lot and church building. If this were the issue it would be enough to say that, under the constitution creating this court, we have no jurisdiction to determine a controversy involving the title to real estate. But it appears that the deeds conveying this property to the Adrian church only purport to convey the lot on which the old church stands, which, if effectual, would of course convey the church building as an appurtenant. But this controversy is as to the right of custody and possession of…
2Cases cited5 opinions
- Gibson v. ArmstrongCourt of Appeals of Kentucky · 1847
- State ex rel. Watson v. FarrisSupreme Court of Missouri · 1869
- Venable v. CoffmanWest Virginia Supreme Court · 1867
- North St. Louis Christian Church v. McGowanSupreme Court of Missouri · 1876
- Brown v. MonroeCourt of Appeals of Kentucky · 1882
3Cited by11 opinions
- Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
- Missouri Bottlers' Ass'n v. FennertyMissouri Court of Appeals · 1899
- Riffe v. ProctorMissouri Court of Appeals · 1903
- Marr v. GalbraithMissouri Court of Appeals · 1944
- Reorganized Church of Jesus Christ of Latter-Day Saints v. Church of ChristU.S. Circuit Court for the District of Western Missouri · 1894
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