Dochkus v. Lithuanian Benefit Society

Citations

• 206 Pa. 25
• 55 A. 779
• 1903 Pa. LEXIS 640

Syllabus

<p>Church law — Roman Catholic Church — Independent congregation — Title to real estate.</p> <p>Church congregations may hold catholic doctrines just as other denominations hold catholic doctrines, but ecclesiastically and in sight of the Roman Catholic Church, may have no existence and not be recognized by the papal authority.</p> <p>Where a congregation worships according to the forms and rites of the Roman Catholic Church, but it is denied that it adheres to and is connected with the ecclesiastical body known as the Roman Catholic Church or has ever placed itself by any voluntary act of its own under the power of the head of the diocese of the church, and where it is alleged that the Archbishop of the diocese refused to permit the congregation to purchase a property; that in defiance of and in opposition to his refusal it bought the property and paid for it with money of the congregation; that it employed the pastor without any knowledge that he had been assigned by the Archbishop and paid him the salary he demanded ; and that in every respect it acted independently of the authority of the Roman Catholic Church, the court is without authority to decree that a trustee holding title to the church property for the use of the congregation shall convey it to the Archbishop of the diocese.</p> <p>If a congregation is formed for the purpose of religious worship according to the faith and rites of the Roman Catholic Church, has accepted the pastor assigned to it by the Archbishop of the diocese, has placed itself under .the authority of the Archbishop and submitted itself to his authority in all ecclesiastical matters, the title to its property must be taken and held as provided by the canons of the Roman Catholic Church. The property acquired by the congregation under such circumstances is the property of the church and is subject to its control and must be held in the manner directed by its laws. A congregation cannot divorce itself from the church or form an independe