Dayton v. Carter

Citations

• 206 Pa. 491
• 56 A. 30
• 1903 Pa. LEXIS 747

Syllabus

<p>Church law — Presbyterian church — Title to property — Trustees—Session.</p> <p>In the Presbyterian church the legal title to church property is vested in the trustees of the congregation and not in the session. The function of the session is to exercise control over the spiritual affairs of the congregation, but not over its temporalities. The custody and care of the property pertain to the trustees, for the usos and purposes for which they hold the trust. Chief among these is the maintenance of public worship by the congregation; and in so far as that purpose is concerned, the trustees should respect the wishes and action of the session as to the use and occupation of the house of worship.</p> <p>In the Presbyterian church a presbytery regularly convened at a stated meeting has the constitutional right to direct elders to cease acting without citing them to appear and be heard in their own behalf.</p> <p>A meeting of a session for the election of elders is invalid where the pastor of the church was not present, and no one was appointed by him to preside. Such a meeting cannot invalidate the regular annual elections held at the proper time and place and called and conducted according to the custom of the congregation.</p>