Price v. Merryman

259 N.E.2d 883, 147 Ind. App. 295, 1970 Ind. App. LEXIS 383
CourtIndiana Court of Appeals
DecidedJune 30, 1970
Docket1069A181
StatusPublished
Cited by24 cases

This text of 259 N.E.2d 883 (Price v. Merryman) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. Merryman, 259 N.E.2d 883, 147 Ind. App. 295, 1970 Ind. App. LEXIS 383 (Ind. Ct. App. 1970).

Opinions

Sharp, J.

This is a quiet title action brought by the Appellees-PIaintiffs, James H. Price, Robert R. Simonson, Cornwell Treager, The Trustees of the Evangelical United [297]*297Brethern Church of Mt. Lebanon, against the AppéllantsDefendants, K. K. Merryman, A. Glen O’Dell, C. David Hancock, E. H. Mueller, as Officials of the Evangelical United Brethren Church — Indiana Conference, South. The Complaint alleged:

“1. That the plaintiffs are the holders of the legal title for and on behalf of the members of the Evangelical United Brethren Church of Mt. Lebanon, located in Van Burén Township, Clay County, Indiana, and hold the legal title to the following described real estate in the County of Clay, State of Indiana for and on behalf of the members of the Evangelical United Brethren Church of Mt. Lebanon.
2. That the plaintiffs are the holders of the legal title to the hereinafter described real estate for the use of said members for church purposes. Said real estate is described as follows:
One half acre of land situated in the South East corner of section seventeen (17) township thirteen (13) range six (6) west.
3. That said real estate is now being used for church purposes and has been since the year 1891.
4. That the defendants, and each of them, are claiming an interest in said land and is attempting to assert and claim title to the same; and which said interest so claimed by defendants is adverse to plaintiffs’ claim and title of said real estate.
5. That the claim of the defendants is unfounded and without right and is a cloud upon plaintiffs’ title to said real estate.”

The Appellants filed Answer in five legal paragraphs. The first legal paragraph was in denial under Eule 1-3 of the Eules of our Supreme Court. Paragraph II of said Answer stated:

“1. The defendants admit that the duly authorized and elected Trustees of the Evangelical United Brethren Church of Mt. Lebanon, located in Van Burén Township, Clay County, Indiana, hold the legal title to the real estate described in the Plaintiffs’ complaint.
2. Defendants further say that Plaintiffs hold this legal title subject to all the terms and conditions of the Dis[298]*298cipline of the Evangelical United Brethren Denomination, which Discipline, among other things, contains certain provisions and restrictions concerning the use of and the conveyance of said real estate, which Discipline is attached hereto, made a part hereof, and marked ‘Exhibit A’ for identification.”

Paragraph III of Defendants’ Answer stated:

“1. The defendants admit the Plaintiffs are the holders of the legal title to the real estate described in the Plaintiffs’ complaint, but say that the plaintiffs hold the title as Trustees for the use and benefit of the Evangelical United Brethren Denomination as a whole, and subject to the rules and regulations of said Denomination.”

Paragraph IV of said Answer sets up the defense of the statute of limitations by asserting the Plaintiffs’ cause of action accrued more than fifteen years before suit was filed and summons issued. Paragraph V of answer asserts the defense of laches.

The Appellees filed Reply to Paragraph II through V of Appellants’ Answer as follows:

II.
“1. That they deny the allegation contained in numerical paragraph 1,
2. That the plaintiffs deny the allegations contained in numerical paragraph 2.
III.
1. That the plaintiffs deny the defendants allegations contained in numerical paragraph 1.
IV.
The plaintiffs, for reply to numerical paragraph 1 of the defendants’ Fourth Paragraph of Answer, allege and say:
1. That the plaintiffs cause of action did not accrue until it learned of the defendants’ proclivity and intention to sequester and confiscate the property of various church communities and that the plaintiffs only received notice of the defendants’ intention less than two years prior to the filing of this action.
[299]*299V.
The plaintiffs, for reply to Paragraph Five of Defendants’ Answer, deny the allegations contained in numerical paragraph 1.”

This case was tried by the court without a jury. The trial court made Special Findings of Fact and Conclusions of Law as follows:

“1. That the plaintiffs are the holders of the legal title to the real estate described herein. The same being:
One half acre of land situated in the South East corner of section seventeen (17) township thirteen (13) range six (6) west
2. That the plaintiffs are the holders of the legal title to the above described real estate for the use of church purposes.
3. That said real estate is now being used for church purposes and has been since the year 1891.
4. That in the year 1891, on the 24th day of December Franklin Casteel and Martha A. Casteel conveyed the above described real estate by Warranty Deed to P. J. Poff, B. F. Cornwell and Franklin Casteel, Trustees of Mt. Lebanon U. B. Church of Indiana.
5. The Deed provides that if said land ever ceases to be used for said church purposes, the same to revert to its original owners, or their heirs.
6. That in the year 1891 the defendant, Evangelical United Brethren Church was not in existence.
7. That the Evangelical United Brethren Church was not formed until November 16,1946.
8. The Court further finds that there is no interpretation, explanation or designation of what denomination Mt. Lebanon U. B. Church was in 1891.
9. That the plaintiffs herein are the duly elected Trustees of the Mt. Lebanon Church.
10. That the defendants, and each of them, are claiming an interest in said land and is attempting to assert and claim title to the same and which said interest so claimed by the defendants, is adverse to plaintiffs’ claim and title to said real estate.
11. That the plaintiffs herein learned of the defendants’ claim to this real estate on or about the 22nd day of May, [300]*3001967, when the defendants herein filed suit against the Trustees of the Ebenezer Church, located some two and one-half miles distant and that thereafter, these Trustee plaintiffs, filed this action in the Clay Circuit Court on June 30,1967.
12. That at the time the claim of defendants was made to the property herein, the plaintiffs were in possession of the same.

And as conclusions of law upon the facts, the Court states:

1. That the law is with the plaintiffs.
2. That the claim of the defendants is unfounded and without right and is a cloud upon plaintiffs’ title to said real estate.
3.

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Bluebook (online)
259 N.E.2d 883, 147 Ind. App. 295, 1970 Ind. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-merryman-indctapp-1970.