St. Joseph's Lithuanian Roman Catholic Church's

Citations

• 273 Pa. 486
• 117 A. 216
• 1922 Pa. LEXIS 603

Syllabus

<p>Church law — Conflict with law of land — Borrowing money — Parties — Trustees — Discretion of court — Abuse — Acts of April 18, 1858, P. L. 508; April 26, 1855, P. L. 880; May 20, 1918, P. L. 242, and June 7, 1917, P. L. 888.</p> <p>1. A church congregation which is shown to be an unincorporated association, is within the express provision of the Revised Price Act of June 7, 1917, P. L. 388, which confers jurisdiction on the court of common pleas to authorize or confirm the borrowing of money on the security of its property.</p> <p>2. Where a petition is presented to the common pleas by persons representing themselves to be trustees of a church, praying for leave to borrow money by mortgage on the church property for the purpose of necessary repairs, it is immaterial whether the petitioners are in fact trustees, or whether they proceed as a result of the action of the congregation, inasmuch as the court has jurisdiction to appoint trustees to make the loan, and the decree naming them as such trustees, is in effect an appointment.</p> <p>3. Any member of the congregation may present such a petition.</p> <p>4. Where a petition is presented under the Act of June 7, 1917, P, L. 388, objection cannot be made that it contravened the Act of May 20,1913, P. L. 242, amending the Act of April 26, 1855, P. L. 330, or that it contravened a resolution of a council of the church adopted in 1888.</p> <p>5. So far as the canons of a church are in conflict with the law of the land, they must yield to the latter.</p> <p>6. A finding by the court below that a meeting of a church congregation had been properly called after due and timely notice, will not be reversed where there is ample justification for the finding in the evidence.</p> <p>7. There is no statute that will sustain a decree authorizing the trustees of a church to give their “negotiable or judgment notes, signed by the said trustees as security,” for a loan or loans of the church.</p> <p>8. It seems that where the sent