Legal Opinion

Ferraria v. Vasconcelles

Illinois Supreme Court

Decided January 15, 1860PublishedCited by 14 opinions

This was a suit in chancery, commenced by Mathias Ferraría and others, trustees of the Free Portugese Church, in Jacksonville, in the Morgan county Circuit Court of Illinois, Woodson, Judge, presiding, against John Yasconcelles and others, who claim to be trustees of said church.

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This was a suit in chancery, commenced by Mathias Ferraría and others, trustees of the Free Portugese Church, in Jacksonville, in the Morgan county Circuit Court of Illinois, Woodson, Judge, presiding, against John Yasconcelles and others, who claim to be trustees of said church. The bill of complainants sets forth, that on or about the year 1851, in the town of Jacksonville, Morgan county, and State of Illinois, there was organized a religious body, under the name of the Free Portugese Church, and the persons composing said church were members of the Free Church of Scotland, and were under…

1Opinion of the CourtWalker, J.

The first question presented by this record which we propose to consider, is, in whom is the legal title to this property vested ? The conveyance by the grantor to the five persons named as trustees in the deed, is not questioned, and we may assume that, on the first day of September, 1852, the title was vested in them for the use of the church. After-wards there was, on the 8th day of October, 1855, an effort to incorporate the church under the 3rd division of the 25th chapter, R. S., entitled “ Corporations.” The 44th section of that chapter authorizes the members of any society or…

2Cases cited3 opinions

  1. Gibson v. ArmstrongCourt of Appeals of Kentucky · 1847
  2. Curd v. WallaceCourt of Appeals of Kentucky · 1838
  3. Hadden v. ChornCourt of Appeals of Kentucky · 1847

3Cited by14 opinions

  1. Westbrook v. PenleyTexas Supreme Court · 2007
  2. Fuchs v. MeiselMichigan Supreme Court · 1894
  3. Bear v. HeasleyMichigan Supreme Court · 1893
  4. First Presbyterian Church v. First Cumberland Presbyterian ChurchIllinois Supreme Court · 1910
  5. Watson v. GarvinSupreme Court of Missouri · 1873

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