Conditions
Conditions, Effect
From the book The Clergyman’s Hand-book of Law, about Conditions, Effect (1): Where $1,000 was given defendants to erect and maintain forever a Lutheran church and prohibiting the grantee from alienating or disposing of or otherwise changing or encumbering the land by deed, a mortgage given to secure a legitimate debt was held valid, as the legal title was in the corporation and a court of equity could not refuse to enforce the mortgage for the payment of an honest debt under color of protecting a charitable use.140 But property given a congregation for the maintenance of a church that becomes dissolved, reverts to the heirs as a resulting trust.141 A corporation that has been authorized to purchase land may execute a mortgage for the purchase money or a part of it without further authority.142 Where by an ancient agreement a meeting-house was to remain in a particular place, a vote of the congregation will not justify pulling it down, and an action of trespass will lie for razing it and damages will be given for the value of the building.143
Conditions
From the book The Clergyman’s Hand-book of Law, about Conditions (1): A condition in a deed that the lot can not be sold, assigned, or transferred without consent of the cemetery corporation, is as good and binding as in any other conveyance of real estate.775
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church