Legal Opinion

Hoskinson v. Pusey

Supreme Court of Virginia

Decided November 27, 1879PublishedCited by 9 opinions

By deed bearing date the 30th December, 1833, Richard Tavener and wife conveyed to James Tippitt and seven other persons one and a half acres of ground in the county of Loudoun, upon trust that they shall erect and build, or cause to be erected and built thereon, a house or place of worship for the use of the Methodist Episcopal Church in the United States of America, according to the rules and discipline which, from time to time, may be adopted the ministers and preachers…

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By deed bearing date the 30th December, 1833, Richard Tavener and wife conveyed to James Tippitt and seven other persons one and a half acres of ground in the county of Loudoun, upon trust that they shall erect and build, or cause to be erected and built thereon, a house or place of worship for the use of the Methodist Episcopal Church in the United States of America, according to the rules and discipline which, from time to time, may be adopted the ministers and preachers of said church, at their general conference in the United States of America; and in further trust and confidence that…

1Opinion of the CourtBurks, J.

The controversy in these cases relates to church property. In the one case, the right to the use of a building as a house of public worship is the matter in dispute; in the other, the right to the use of a parsonage or residence *431for a minister: both pieces of property situated in the county of Loudoun. The respective claimants belong to separate and distinct religious organizations. On the side, they are members of the Methodist Episcopal Church, on the other, members of the Methodist Episcopal Church South.

I propose to consider the case in relation to the church building first. This building…

2Cases cited1 opinion

  1. Brooke v. ShacklettSupreme Court of Virginia · 1856

3Cited by9 opinions

  1. Wade v. Hancock & AgeeSupreme Court of Virginia · 1882
  2. Norfolk Presbytery v. BollingerSupreme Court of Virginia · 1974
  3. Fitzgerald v.Supreme Court of Virginia · 1930
  4. Finley v. BrentSupreme Court of Virginia · 1890
  5. Protestant Episcopal Church v. TRURO CHURCHSupreme Court of Virginia · 2010

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