Griffey v. Bryars
Griffey v. Bryars
Opinion of the Court
delivered the opinion op the court.
The appellants, as trustees of an organized society of the Methodist Episcopal Church, South, in Hickman County, with others, brought this suit in equity against the appellees, Bryars and Utterback, claiming to be in possession and invested, as trustees, with the legal title to a tract of about four acres of land, including a burial-ground and house of religious worship, to which they allege the defendants were “ setting up claim; ”
The allegations of the petition, admitted by the demurrer, were sufficient to authorize the relief sought, under the act of March 9, 1854, “to quiet the title to lands” (2 Revised Statutes, 102), if the statement of facts on which the appellants based their claim to the land was such as to constitute in them and those they represented a legal title.
These facts as alleged were in substance and effect, that at a meeting of the members of said society of Methodists and other citizens, held in 1867, for the purpose of raising the necessary means and procuring land on which to erect a house for public religious worship and a building for school purposes, and also to establish a public burial-ground, the title to be held and the church building controlled by said religious denomination, but to be used also by other Christian denominations, the defendants, who contemplated purchasing a tract of land including said four acres, which were then selected, agreed, in the event of their purchase, to dedicate the parcel of land so selected for the purposes aforesaid; and that they did thereafter so obtain the legal title and lay off and dedicate said four acres of land for the aforesaid public and religious uses and purposes; and upon the faith of such dedication contributions were made, and the church building erected, and burial-ground established and used for the interment of the remains of deceased persons; and that for two years the property so dedicated and devoted to public and religious uses had been possessed and occupied for those purposes.
It is not alleged in the petition, nor are we asked to presume, that any written transfer of the title was made by the
We are of the opinion therefore that the demurrer to the petition was improperly sustained.
Wherefore the judgment is reversed, and the cause remanded for further proceedings not inconsistent with this opinion.
Reference
- Full Case Name
- Griffey, &c., trustees, &c. v. Bryars, &c.
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