Whitsitt v. Trustees of Preëmption Presbyterian Church

Citations

• 110 Ill. 125

Syllabus

<p>l. Consideration—for agreement to convey a lot for church purposes. A promise or agreeme3it by the owner of land that if a building shoffid be erected thereon for religious worship, he would, as soon as a legal organization of the church could be effected, convey such church and the lot of land on which it was built, and the church is so erected with moneys raised on subscriptions and donations, and a religious body organized and incorporated, is not a mere naked promise, but is supported by a sufficient consideration.</p> <p>2. Statute of Frauds—parol agreement to convey a lot for church purposes—what will talce the case out of the statute. In pursuance of a verbal agreement of the owner of a lot of ground, to convey the same when a building should be erected thereon, and dedicated to religious worship, and the society incorporated, a subscription was raised, and the money so procured was expended in the erection of the building. It was held, that such expenditure was tantamount to the payment of the consideration, which, in connection with the taking of possession and making improvements, took the case out of the Statute of Frauds.</p> <p>3. Possession—of acts indicating m whom is the possession of property used for church purposes. A church building was erected upon a lot of ground on the verbal promise of the owner of the lot to convey the same to the church authorities on a certain condition. A religious society was formed, who used the premises for religious services, and for Sunday schools. The keys of the church were retained by the person so holding the legal title, and his son, the former making repairs on the building at his own expense, fencing off the church lot from his own ground at his own expense, and paying the taxes on the church lot, which was taxed to him with the other land he owned adjoining. It appeared that the owner, during all this time, was a ruling elder in the church, and his son was janitor: Held, that the retaining of the keys migh