*75.* _Conditions, Effect._—Where $1,000 was given defendants to erect and maintain forever a Lutheran church and prohibiting the grantee from alienating or disposing of or otherwise changing or encumbering the land by deed, a mortgage given to secure a legitimate debt was held valid, as the legal title was in the corporation and a court of equity could not refuse to enforce the mortgage for the payment of an honest debt under color of protecting a charitable use.(140) But property given a congregation for the maintenance of a church that becomes dissolved, reverts to the heirs as a resulting trust.(141) A corporation that has been authorized to purchase land may execute a mortgage for the purchase money or a part of it without further authority.(142) Where by an ancient agreement a meeting-house was to remain in a particular place, a vote of the congregation will not justify pulling it down, and an action of trespass will lie for razing it and damages will be given for the value of the building.(143) *76.* _Suits, Parties._—When a church is incorporated, it should be sued in its corporate name; but when the bishop of the Catholic church holds the legal title to the land in litigation, he should be made a party.(144) And if there are two sets of officers contending for control, service of the papers upon the intruders may not be sufficient. The safer practice is to serve upon both.(145) A suit by the trustees of a religious society to restrain other parties claiming to be trustees from interfering in the management and control of the society property, is properly brought in the corporate name of the trustees and not in the name of the State.(146) *77.* _Incorporation, Sufficient._—Where the articles of incorporation were drawn and signed in the form required by law, excepting as to the acknowledgment, and were recorded, and the corporation organized in good faith, it became a _de facto_ corporation and was sufficient to entitle it to sue to prevent certain members from perverting the use of its property.(147) *78.* _Dissolution, Fund._—The corporation of a congregation can not by seceding and a majority vote dissolve the corporation where it is a part of a superior body.(148) But the courts have plenary powers over corporations under the United States jurisdiction, such as territories, and may dissolve a corporation.(149) The fact that the dissolution is contrary to, or authorized by church discipline, makes no difference as to granting the dissolution, as such discipline can not supersede the state law.(150) On dissolution of a religious corporation, the surplus fund derived from a legacy should be disposed of in the manner the court believes to be most in harmony with the will of the contributors to the fund, could they have foreseen the event.(151)