Hill Estate Co. v. Whittlesey

Citations

• 21 Wash. 142
• 57 P. 345
• 1899 Wash. LEXIS 252

Syllabus

<p>APPEAL BOND — EXECUTION BY ATTOENEY FOE APPELLANT.</p> <p>An appeal bond signed by the attorney for appellants instead of by the appellant personally is not defective on that ground, under the appeal act of this state.</p> <p>EVIDENCE-JUDICIAL NOTICE — RELIGIOUS SOCIETIES.</p> <p>Judicial notice will not be taken of the nature of the duties or extent of the authority of vestrymen of a Protestant Episcopal church.</p> <p>SAME — PRESUMPTION AS TO POWERS OP CHURCH OPPICERS.</p> <p>It will not be presumed that the vestrymen of a church have power to bind the wardens or congregation without their consent, in the absence of any evidence as to their respective powers or duties.</p> <p>RELIGIOUS SOCIETIES-PROTESTANT EPISCOPAL CHURCH-POWER OP VESTRY TO MORTGAGE.</p> <p>Real property conveyed to a bishop in trust and for the use of the wardens, vestry and congregation of an unincorporated Protestant Episcopal church cannot be incumbered by the vestrymen without the consent of the bishop.</p> <p>EQUITABLE LIEN-WHEN ARISES.</p> <p>One loaning money to the vestry of a church for the erection of a building on its land, secured by a mortgage which the vestry had no power to execute, is not entitled to an equitable lien.</p>