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Church Property, Sorted by Year, Click here to sort by Case Name.

Case Name YearDecision of the CourtTopic Group(s)   
Terrett v. Taylor, 13 U.S. (9 Cranch) 431815Virginia may not expropriate property of the formerly established Episcopal Church or abolish its incorporation. Church Property


 
Town of Pawlet v. Clark, 13 U.S. (9 Cranch) 2921815Royal grant of land to Church of England was not completed; following the Revolution the State of Vermont, as successor to English Crown, could claim the land and convey it to town for schools; Episcopal Church in the town had no right or title. Church Property


 
Soc’y for Propagation of the Gospel v. Town of New Haven, 21 U.S. (8 Wheat.) 4641823English corporation, controlled by British subjects, did not lose its real estate in Vermont; title was secured by treaty of peace. Church Property


 
Beatty v. Kurtz, 27 U.S. (2 Pet.) 5661829Although legal title in unincorporated Lutheran church land, now used as cemetery, was deficient, nevertheless equity permitted settlement of title in the church out of religious sensibilities and sentiments for kindred of the deceased. Church Property


 
Goesele v. Bimeler, 55 U.S. (14 How.) 5891852Heirs of deceased member of Society of Separatists cannot recover share of property from the society. Church Property


 
Smith v. Swormstedt, 57 U.S. (16 How.) 2881853When a church voluntarily divides, a suit in equity may lie to effect a division of jointly held property. Church Property


 
Baker v. Nachtrieb, 60 U.S. (19 How.) 1261856Defecting member of Harmony Society cannot recover share of property from the society. Church Property


 
Attorney General v. Federal Street Meeting-house, 66 U.S. (1 Black) 2621862In dispute between Presbyterians and Unitarians over title to church meetinghouse in Boston, held that there was no subject matter jurisdiction to permit an appeal from state court. Church Property


 
Christian Union v. Yount, 101 U.S. 3521879As a matter of statutory construction, out-of-state religious corporations can receive a conveyance of property in Illinois. Church Property


 
Missionary Soc’y of M.E. Church v. Dalles City,107 U.S. 3361883Oregon Territory’s grant of land to religious society in possession was proper. Church Property

   
Gilmer v. Stone, 120 U.S. 5861887As a matter of statutory construction, Presbyterian Home and Foreign Mission Boards are not groups "organized for religious worship" under Illinois statute limiting such groups to ten acres of land. Church Property


 
Speidel v. Henrici, 120 U.S. 3771887Due to laches, defecting member of Harmony Society cannot recover share of property from the Society. Church Property


 
Late Corp. of the Church of Jesus Christ of Latter-day Saints v. United States, 136 U.S. 11890Upheld revocation of Mormon Church charter and confiscation of church property. Church Property

Polygamy


 
Late Corp. of the Church of Jesus Christ of Latter-day Saints v. United States,140 U.S. 6651891Decree entered on opinion reported at 136 U.S. 1 (1890) Church Property

Polygamy

   
Catholic Bishop of Nesqually v. Gibbon,158 U.S. 1551895Grant of small tract of public land, within administration of federal agency, to a church in possession dating back to British Hudson Bay Co., was held conclusive. Church Property

   
Schwartz v. Duss, 187 U.S. 81902Harmony Society was not shown to have been dissolved, therefore its property was not subject to distribution. Church Property


 
Lowrey v. Hawaii, 206 U.S. 2061907Claim involving an 1849 agreement whereby a foreign mission board transferred a school to the Hawaiian government on condition that Christian training be continuously offered at the school. In the event of nonfulfillment of that condition, the agreement provided for reversion of title to the grantor or payment of $15,000, at the government's option. Hawaii later converted the school into an agricultural college and the teaching of religion ceased. Notwithstanding that Hawaii's Organic Act of 1894 prohibited governmental aid to a sectarian or denominational school, the Court ordered Hawaii to exercise its option. Church Property


 
Ponce v. Roman Catholic Apostolic Church, 210 U.S. 2961908Land in Puerto Rico given to Roman Catholic Church by Spain remains the property of the church after Puerto Rico is annexed by United States; church had juridical personality notwithstanding lack of incorporation. Church Property


 
Santos v. Holy Roman Catholic and Apostolic Church, 212 U.S. 4631909Catholic Church is entitled to recover chapel in Philipppines notwithstanding that land was first acquired by the church as a gift for Spain; the Phillippines was acquired by U.S. in treaty following war with Spain. Church Property


 
Lowrey v. Hawaii, 215 U.S. 5541910Government's proposal to teach a form of general evangelical Christianity does not meet condition of agreement to teach a definite Congregational and Presbyterian doctrine. Hawaii ordered to pay $15,000 pursuant to decision and judgment in Lowrey v. Hawaii, 206 U.S. 206 (1907). Church Property


 
Helm v. Zarecor, 222 U.S. 321911In dispute between Presbyterians over control of publishing house, trustees of publisher were not to be realigned to defeat diversity jurisdiction because to do so would pre-judge the merits. Church Property


 
Sharpe v. Bonham, 224 U.S. 2411912In dispute between Presbyterians over control of publishing house, trustees of publisher were not to be realigned to defeat diversity jurisdiction because to do so would pre-judge the merits. Church Property


 
Shepard v. Barkley, 247 U.S. 1 (aff'd mem.)1918Presbyterian Church merger controlled by decision in Watson v. Jones, 80 U.S. (13 Wall.) 679 (1871). Church Autonomy

Church Property


 

Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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