Nelson v. Monitor Congregational Church

Religious Societies — Property—Conveyance. 1. Where a church had secured a decree for specific performance of a contract to convey land to it for a church site, the trustees, with the consent of the members of the ehurch can convey the property to an incorporated church board to be still used for church purposes, without the consent of the court granting the decree and without affecting the title. Religious Societies — Property—Conveyances—Rights of Members. 2. A majority of the members or corporators of a religious society or corporation may control the disposition of its property. Religious Societies — Property—Conveyances—Rights of Purchasers. 3. A grantee of property which had been conveyed to a church for church purposes takes it subject to the trust, and must use the property for that purpose, but, if it fails to do so, the title does not thereby revert to the original grantor to the church. Religious Societies — Use of Property — Right of Action. 4. One who conveyed land to a church to be used for ehurch purposes, but who is not a member of the church or society, cannot maintain an action to regulate the use of the property.

From Marion: William Galloway, Judge. Department 2. Statement b3r Mr. Justice Bean. This is a suit by Andrew Nelson against the Monitor Congregational Church, a corporation, P. B. Hast3r, A. J. Olson and G. W. Leap, to enjoin a trespass upon three quarters of an acre of land. A decree was rendered by the Circuit Court in favor of defendants, and plaintiff appeals. In 1878 J. P. Shuck purchased a 40-acre tract of land in the J. B. Shank donation land claim in section 25, township 5 S., range 1 W., in Marion County, Oregon, which included the land involved in this suit. While J, P. Shuck and Mary A. Shuck, his wife, were the owners of - the 40-acre tract, they entered into a verbal agreement with the Monitor Christian Church, an unincorporated religious society, of which W. R. Townsend, J. D. Simmons and J. R. White were the duly elected trustees, whereby they agreed to convey to the society, or its trustees, the 1-acre tract, part of which is in question in this suit, in trust for the use and benefit of its members and the residents and inhabitants of and near Monitor, Oregon, for church and religious purposes, in consideration of the society building a church building thereon. The land was accepted and the church constructed. Shuck and wife failed to make the promised deed to the society. On September 10, 1902, they conveyed a portion of the land to Andrew Nelson, including about three quarters of the acre tract, and another portion, including the balance, to Hans Nelson. Both grantees had full knowledge of the agreement on the part of Shuck and wife to convey to the church, and accepted their deeds knowing that the church occupied the acre tract. In 1903 the trustees of the Monitor Christian Church commenced a suit in the Circuit Court for Marion County, Oregon, against Andrew Nelson, Hans Nelson, J. P. Shuck, and their respective wives, for specific performance of the agreement to convey the acre tract to the church. On August 14, 1903, a decree was rendered and entered perpetually enjoining Andrew Nelson and Hans Nelson from trespassing upon the 1-acre tract (particularly describing it), injuring or destroying the church building, or in any way interfering with or disturbing the members of the Monitor Christian Church or the residents or inhabitants in the neighborhood or vicinity of Monitor, Oregon, in the use of the premises or church building for church or religious purposes. It was further decreed that the defendants Hans Nelson and Andrew Nelson and their wives should, within 30 days from the date of the decree, make, execute and deliver to W. R. Townsend, J. D. Simmons and J. R. White, as trustees of the Monitor Christian Church, a good and sufficient deed of all the described premises in fee, to the trustees of the church “in trust for the use and benefit of the members of the said Monitor Christian Church and the residents and inhabitants of and near Monitor, Oregon, for church and religious purposes forever”; and, in case of their failure to do so, that the decree stand as such deed. On December 8, 1911, pursuant to a resolution of the Monitor Christian Church adopted at a regularly called meeting, the trustees for and on behalf of the church conveyed the 1-acre tract to the Congregational Missionary Board of Oregon, an Oregon religious corporation for religious purposes, for the use and benefit of the residents and inhabitants of the town of Monitor, Oregon, and its vicinity and neighborhood. On February 18,1913, the last-named society conveyed the 1-acre tract to the trustees of the Monitor Congregational Church of Marion County, Oregon, with the provision that “this conveyance is made that said premises may be preserved for, and devoted exclusively to, religious purposes, and none other, for the use and benefit of the residents and inhabitants of the town of Monitor, Oregon, and its vicinity and neighborhood, and said premises shall be forever so used,” ad that, if the premises should cease to be so used, the same should thereupon revert to the first party. Afterward, for the purpose of raising funds with which to improve the property and carry into effect the purpose for which the same was held, the trustees of the Congregational Church borrowed $400, mortgaged the premises to the Congregational Church Building Society, to secure such sum, and expended that amount in improving the property. The premises are now, and were at the time of the commencement of this suit, being used for church and religious purposes exclusively, in compliance with the agreement between Shuck and the Monitor Christian Church. This suit was brought by the plaintiff to enjoin the defendants from breaking and entering the premises, cutting down or destroying trees or timber thereon, and for damages.