Pittsburgh Annual Conference of the Methodist Protestant Church v. Cyphert

Citations

• 268 Pa. 322
• 112 A. 89
• 1920 Pa. LEXIS 685

Syllabus

<p>Church law — Beal estate — Inactive or extinct church — Act of June 5, 1918, P. L. 485 — Ejectment—Statutory remedy — Act of March 21, 1806, 4 Sm. L. 826, 882.</p> <p>1. Where the laws of a general church denomination provide that “when a congregation becomes extinct, the property shall vest in the annual conference,” the annual conference cannot proceed to maintain an action of ejectment to recover the land. The question as to whether the individual church involved has become “inactive or extinct” must, under the Act of March 21,1806, 4 Sm. L. 326, 332, be first adjudicated by an appropriate proceeding under the Act of June 5, 1913, P. L. 435.</p> <p>2. The question whether any further remedy will have to he pursued (if trustees are appointed under the Act of 1913) to get possession of the property, must await the result of the statutory proceeding.</p>