Lost River Norwegian Evangelical Lutheran Congregation v. Thoen
Supreme Court of Minnesota
■Action in the district court for Polk county to recover possession of certain premises; $100 damages for withholding the same; $25 per month for use and occupation thereof and to cancel deeds and their record as a cloud on plaintiffs’ title. The case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiffs that defendants are entitled to retain possession of the church on the condition stated at the top of page 383, infra.
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■Action in the district court for Polk county to recover possession of certain premises; $100 damages for withholding the same; $25 per month for use and occupation thereof and to cancel deeds and their record as a cloud on plaintiffs’ title. The case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiffs that defendants are entitled to retain possession of the church on the condition stated at the top of page 383, infra. From an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the Court
Lees, C.
The Lost River Norwegian Evangelical Lutheran Congregation, one of the plaintiffs in this action, is a religious society incorporated under the laws of this state. The other plaintiffs are its trustees. The defendant Chester Norwegian Evangelical Lutheran Congregation is also a religious society similarly incorporated. In February, 1919, the defendant Thoen obtained a deed of the church property of the Lost River *381congregation and subsequently conveyed tbe property to the Chester congregation. His deed was signed in behalf of the corporation by the president and secretary, and not by…
2Cases cited9 opinions
- Ferraria v. VasconcellosIllinois Supreme Court · 1863
- Trustees of East Norway Lake Norwegian Evangelical Lutheran Church v. FroislieSupreme Court of Minnesota · 1887
- Lindstrom v. TellSupreme Court of Minnesota · 1915
- Schradi v. DornfeldSupreme Court of Minnesota · 1893
- Baptist City Mission Society v. People's Tabernacle Congregational ChurchSupreme Court of Colorado · 1918
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3Cited by4 opinions
- Spenningsby v. Norwegian Evangelical Lutheran Trinity CongregationSupreme Court of Minnesota · 1922
- Seventh Elect Church in Israel v. First Seattle Dexter Horton National BankWashington Supreme Court · 1932
- Saints of Spokane v. BaileyWashington Supreme Court · 1929
- Veltman v. DeBoerSupreme Court of Minnesota · 1962