Presbyterian Congregation v. Johnston
Supreme Court of Pennsylvania
ERROR to the special court of York county. This was an action of ejectment by the Trustees of the English Presbyterian Congregation of the Borough of York, against James Johnston, Samuel Small, Philip A. Small, Jacob Emmett, John Evans, William R. Morris, Rev. Benjamin I. Wallace, and Mrs. Sarah Franklin, to recover a church and two acres of land in the borough of York.
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ERROR to the special court of York county. This was an action of ejectment by the Trustees of the English Presbyterian Congregation of the Borough of York, against James Johnston, Samuel Small, Philip A. Small, Jacob Emmett, John Evans, William R. Morris, Rev. Benjamin I. Wallace, and Mrs. Sarah Franklin, to recover a church and two acres of land in the borough of York. The plaintiffs gave in evidence the following deed, and charter of incorporation:— This indenture made the twenty-ninth day of September in the year of our Lord one thousand seven hundred and eighty-five, between the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
This ejectment is brought in the name of the corporation by a minority of the congregation, who, having withdrawn from its stated worship in the church building, insist that the majority have forfeited their corporate rights by dissolving the connexion of the congregation with the Presbytery of Carlisle, and the primitive General Assembly ; and to understand the grounds on which they have placed the controversy, it is necessary to state the case with its circumstances.
The congregation was formed in 1762; for it was proved at the trial that…
2Cases cited2 opinions
- Methodist Church v. RemingtonSupreme Court of Pennsylvania · 1832
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1839
3Cited by18 opinions
- Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
- Miller v. GableNew York Supreme Court · 1845
- Brady v. ReinerWest Virginia Supreme Court · 1973
- Schnorr's AppealSupreme Court of Pennsylvania · 1871
- First Baptist Church of Paris v. FortTexas Supreme Court · 1900
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