Tabernacle Baptist Church v. Green

Citations

• 124 La. 171
• 50 So. 1
• 1909 La. LEXIS 450

Syllabus

<p>1.Facts.</p> <p>The ancestor ‘of defendant was pastor of the plaintiff church. Before the church had been incorporated, his congregation intrusted him with an amount to buy two.lots, 13 and 14, for the church.</p> <p>2. Purchase of Property.</p> <p>He bought the lots over 10 years ago, and after the church had been incorporated he transferred lot 14 to the church (not lot 13).</p> <p>3. Members of Church Expelled.</p> <p>The claim that the pastor Green laid to lot 13 caused dissensions among the members. A number of the members who were with Green (only a minority under his leadership) succeeded in ousting his enemies from the congregation.</p> <p>4. Dation En Paiement.</p> <p>The Green faction transferred as a dation en paiement lot 14 to Green, the pastor, in payment of an asserted claim of his.</p> <p>5. Religious Societies (§ 20*) — Property.</p> <p>Lot 14 having been transferred to the church by Green, the pastor, it was not within the authority of the minority to surrender it to him under the guise of a dation en paiement, the consideration of which was not shown.</p> <p>6. Title to Realty — Parol Evidence.</p> <p>Lot 13 was not transferred by Green, the pastor, to the church. The contradictory oral testimony about the title is not satisfactory at best. Besides, title to realty cannot be established by oral testimony.</p> <p>7. Adverse Possession (§ 13*) — Title by Prescription.</p> <p>There have been a number of suits among the parties. One of the results is that plaintiff has concluded itself. Besides, Green, the pastor, and his family, the defendants, have been in possession over 10 years.</p> <p>(Syllabus by the Court.)</p>