Church of God in Christ, Inc. v. Middle City Church of God in Christ

774 S.W.2d 950, 1989 Tenn. App. LEXIS 247
CourtCourt of Appeals of Tennessee
DecidedMarch 29, 1989
StatusPublished
Cited by9 cases

This text of 774 S.W.2d 950 (Church of God in Christ, Inc. v. Middle City Church of God in Christ) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Church of God in Christ, Inc. v. Middle City Church of God in Christ, 774 S.W.2d 950, 1989 Tenn. App. LEXIS 247 (Tenn. Ct. App. 1989).

Opinion

McLEMORE, Special Judge.

This is a suit to set aside two conveyances of real property in Dyer County. Church of God in Christ, Inc. (COGIC) filed suit in Chancery Court of Dyer County against Middle City Church of God in Christ (Middle City), Middle City’s trustees individually, and New Jerusalem Temple, Inc. (Temple). The Middle City trustees allegedly held certain real property under warranty deed in trust for COGIC. The Middle City trustees transferred the property by warranty deed to Temple. COGIC maintains the trustees transferred the property in violation of trust provisions im[951]*951posed on the property and sought to have the deeds declared null and void.

The case was argued in this Court with only appellant submitting brief and participating in oral argument, however, we attribute no fault to appellees based upon our present understanding of their failure to participate here.

We particularly note that the tenor of the brief and oral argument of the appellant is that the appellant is not seeking to take the possession of the property but seeks only a technical adjudication of title to property.

We have carefully read the entire record and considered the oral argument of the appellant. In addition to the cases cited in appellant’s brief and by the Chancellor, we have considered the case of Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979). After much reflection, we adopt the Opinion of the Chancellor as the Opinion of this Court. The Chancellor’s Opinion:

“At issue is whether the Court should intervene in this ecclesiastical matter and determine title to real estate when there is no reason to do so. The Court concludes that it should not intervene. The Court makes the following findings and conclusions.

“FINDINGS OF FACT

“Plaintiff Church of God in Christ, Inc. (hereinafter referred to as ‘Plaintiff’) is an eighty-one (81) year old ecclesiastical organization. Numerous local churches are a part of its connectional system. It is typically organized with various bishops and district superintendents.

“Plaintiff has duly adopted a Constitution and By-Laws which apply to its local churches. Article III, Part 2, Section D, Paragraph 9 provides as follows:

Real estate or other property may be acquired by purchase, gift, devise, or otherwise by local churches. Where real or personal property is acquired by deed, the instrument of conveyance shall contain the following clause, to-wit:
The said property is held in trust for the use and benefit of the members of the Church of God in Christ with national headquarters in the City of Memphis, Shelby County, Tennessee, and subject to the charter, constitution, laws and doctrine of said church, now in full force and effect, or as they may be hereinafter amended, changed or modified by the general assembly of said church.

“Middle City Church of God in Christ was organized many years ago. Officials from plaintiff attended the beginning service. Middle City fully participated in all the activities of plaintiff, including the filing of proper reports and sending contributions. In short, the church was affiliated with plaintiff.

"By deed dated March 13, 1975, the church acquired its present parsonage. The grantees were the Trustees of the Middle City Church of God in Christ of Dyer County, Tennessee. This deed used the express language required by the constitution and by-laws of plaintiff.

“By warranty deed dated October 16, 1978, and Correction Deed dated December 31, 1979, the present church property was acquired in the name of the Trustees of the New Jerusalem Church of God in Christ. These deeds did not use the express language required by the constitution and bylaws of plaintiff. The location of the local church had changed from Middle City; therefore, the church changed its name to New Jerusalem Church of God in Christ. It continued to be affiliated as a local congregation of plaintiff and continued to comply with the rules and regulations of plaintiff.

“New Jerusalem Church of God in Christ incorporated in 1984. By deeds dated May 15, 1984, the Trustees of New Jerusalem Church of God in Christ conveyed the parsonage and church property to the new corporation, ‘New Jerusalem Temple, Inc.’ The deeds do not convey property to trustees nor is there any trust language contained therein. Plaintiff seeks to set aside these deeds or impress a trust upon the property in accordance with the constitution and by-laws.

[952]*952“The Court finds that at all times pertinent hereto the local congregation was affiliated with the plaintiff. Even though there has been a move of location of the church and two (2) name changes, there has not been a split within the congregation. Even though the church is presently incorporated, it still has trustees.

“There is evidence of friction between the local church and the plaintiff. There is no showing, however, that the local church has withdrawn from the connectional church; nor has the plaintiff attempted to prove that there has been a withdrawal. It is plaintiff’s contention that the transfer of property should reflect the trust in its favor.

“CONCLUSIONS OF LAW

“Our cases have consistently held that property conveyed to a local church which is a part of a connectional church does not remain the property of the local church even when there is no trust language in the deed. See Cumberland Presbyterian Church v. North Red Bank Cumberland Presbyterian Church, 430 S.W.2d 879 (Tenn.App.1968); Hardin v. Starnes, 32 Tenn.App. 66, 221 S.W.2d 824 (1949). Therefore, when a local church acquires real property by deed, it is held in trust for the parent church even in the absence of express trust language. Plaintiff, therefore, contends that a trust arises in favor of the connectional church. See Fairmount Presbyterian Church, Inc. v. The Presbytery of Holston of the Presbyterian Church of the United States, 531 S.W.2d 301 (Tenn.App.1975).

“According to these cases the law would appear to be established in Tennessee.1 A local church that is a part of a connectional church holds property in trust for the benefit of the superior organization. The real issue in this case, however, is whether this Court should become involved in this matter and issue a judicial determination as to the ownership of the property in question.

“Traditionally, Tennessee courts have not interfered with the internal administration of religious societies. Landrith v. Hudgins, 121 Tenn. 556, 120 S.W. 783 (1907). Courts have jurisdiction to adjudge ecclesiastical matters only as a mere incident to the determination of some property right. Ward v. Crisp, 189 Tenn. 513, 226 S.W.2d 273 (1950). Is this dispute ecclesiastical or is it truly a property dispute?

“On its face this would appear to be a simple matter of property resolution. However, it must be noted that there is no showing of withdrawal by the local congregation.

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774 S.W.2d 950, 1989 Tenn. App. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-of-god-in-christ-inc-v-middle-city-church-of-god-in-christ-tennctapp-1989.