Legal Opinion

Fadness v. Braunborg

Wisconsin Supreme Court

Decided January 8, 1889PublishedCited by 37 opinions

APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the undisputed evidence or the findings of the court, in effect, that prior to May 20, 1852, there was an organized society or congregation known as the Norwegian Evangelical Lutheran Church on Koshkonong Prairie, of which Rev. A. O. Preus, a regularly ordained minister, was the regularly called pastor.

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APPEAL from the Circuit Court for Dane County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the undisputed evidence or the findings of the court, in effect, that prior to May 20, 1852, there was an organized society or congregation known as the Norwegian Evangelical Lutheran Church on Koshkonong Prairie, of which Rev. A. O. Preus, a regularly ordained minister, was the regularly called pastor. That prior to that date a meeting of the representatives' of the Norwegian Evangelical Lutherans of southern Wisconsin and northern Illinois was held at…

1Opinion of the CourtCassoday, J.

1. The first question with which we are naturally confronted is whether the trust imposed by the deed of May 20,1852, was valid under the statutes. ■ At the time that deed was made Liberty Prairie congregation or church society had not yet been incorporated. In fact, it was not incorporated until September 8, 1862. The deed of the land was to five trustees named, and their successors in office for ever, for the uses and purposes therein mentioned. The deed required such trustees to erect and build uppn the land thereby conveyed “a house of worship for the use of the members of the Norwegian…

2Cases cited20 opinions

  1. Dodge v. WilliamsWisconsin Supreme Court · 1879
  2. Webster v. MorrisWisconsin Supreme Court · 1886
  3. Robertson v. . BullionsNew York Court of Appeals · 1854
  4. Miller v. GableNew York Supreme Court · 1845
  5. Petty v. . TookerNew York Court of Appeals · 1860

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3Cited by37 opinions

  1. Smith v. PedigoIndiana Supreme Court · 1893
  2. Wheelock v. First Presbyterian Church of Los AngelesCalifornia Supreme Court · 1897
  3. Mt. Zion Baptist Church v. WhitmoreSupreme Court of Iowa · 1891
  4. Lamb v. CainIndiana Supreme Court · 1891
  5. Franke v. MannWisconsin Supreme Court · 1900

32 more not listed; retrieve them via the Exa API.

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