Mount Helm Baptist Church v. Jones
Mount Helm Baptist Church v. Jones
Opinion of the Court
delivered the opinion of the court.
This court exercises no ecclesiastical jurisdiction. It accepts what the highest ecclesiastical authority in each church promulgates as the faith and practice of that church; that authority, under Baptist polity, being each separate Baptist church. If we were called on in this case to say for ourselves what Baptist faith or creed is, we should decline to do so, for so to do would be to exercise ecclesiastical jurisdiction. This was a proposition settled in the case of Smith v. Charles, 24 So. Rep., 968, decided at last term. But the property rights of all churches are within
In this view it is clear that the learned chancellor erred in his decree, which is reversed, and the injunction in the form it was as modified by the court below will be reinstated, and made perpetual, by a decree entered here.
So ordered.
Reference
- Full Case Name
- Mount Helm Baptist Church v. Charles P. Jones
- Cited By
- 19 cases
- Status
- Published
- Syllabus
- 1. Jurisdiction, Ecclesiastical. Courts. Property Bights. Churches. The courts of this state do not exercise ecclesiastical jurisdiction. They accept whatever the highest authority of a church determines to be its faith and practices; but property rights of churches are within their protecting power. 2. Same. Change of name. Renouncing faith, etc. Quieting title. Where the majority faction of a Baptist church, by entries on its records, repudiated all creeds as “man-made devices,” expelled the minority members, elected new trustees, and changed the name of their church from “Baptist ” to “Church of God,” and of their house of worship from “Mount Helm Baptist Church ” to “Christ’s Tabernacle, Church of God,” the courts will entertain a suit by the old organization to quiet title to church property. 3. Same. New church. New faith. A majority faction in a church which, by declarations on its minutes, severs its connection with the denomination to which it belonged and reorganizes as a new church, with a new faith, cannot longer claim to be the church whose faith it has repudiated, and has no right to property donated to the old organization.