Vicksburg Lodge No. 26 v. Grand Lodge of Free & Accepted Masons

Citations

• 116 Miss. 214
• 76 So. 672

Syllabus

<p>1. Beneficial Associations. Bights of subordinate lodges.</p> <p>Where in the by-laws of a Grand Lodge there was a provision that whenever a lodge shall become extinct, its property shall es-cheat to the Grand Lodge, and the same shall be sold and the proceeds applied to the payment of the lodge debts, and any residue credited to the grand lodge charity fund, such a provision is a regulation and not a contract between the grand and subordinate lodges, and will be construed most strongly against the Grand Lodge which enactéd it and most favorably to the subordinate lodge and will not be construed to mean that the Grand Lodge can arrest or forfeit the charter of a subordinate lodge and by such act acquire the property belonging to such lodge.</p> <p>2. Same.</p> <p>The meaning of such a provision is that if from the negligence of the members of the subordinate lodge it ceases to exist or if for any reason they voluntarily surrender their charter and go out of business only in such case will the title to their property be vested in the Grand Lodge as a trustee for the purpose of paying the debts of the defunct lodge and devoting the remainder to the purpose of masonic charity.</p> <p>3. Beneficial Associations. XJnconsionable rules.</p> <p>Equity will not' lend its aid in enforcing a forfeiture of the charter of a local lodge for some contumacy or misconduct of a subordinate lodge.</p> <p>4. Beneficial Associations. Lodges. Power of subordinate lodge.</p> <p>A local lodge of the Grand Masonic Lodge which had become incorporated by the statute of the state empowering it to acquire and hold property, and giving it perpetual succession, cannot be deprived of its property by a revocation of its lodge charter by the Grand Lodge, which is without power to destroy a local lodge as a corporation of the state.</p> <p>5. Beneficial Associations. Lodges. Forfeiture of charter. Presumptions.</p> <p>As under the laws of the land every person and corporation is entitled to resort