The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*168.* _Key, Possession, Right._—Having the key of a church, is prima
facie evidence of possession, but the right of possession is a matter of
proof.(308)
*169.* _Church, Bishop, Debts, Salary of a Priest._—Where a church is not
itself liable because it is not incorporated, the Roman Catholic bishop of
the diocese is not personally liable for moneys borrowed by the pastors of
such church in the name of the church, which were partly invested in real
estate which was put in the bishop’s name in the usual manner, although
the bishop’s permission was necessary before borrowing the money, and
notwithstanding that the bishop raised some of the money to pay some of
the debts and the mortgage on the real estate of the church on his
personal security, and he received part of the borrowed funds from a dying
pastor and handed it over to his successor.(309) Also, a bishop is not
personally liable for the salary of a priest whom he engages. They are
fellow servants working for the Church and not in the relation of employer
and employee any more than are a general and captain in the same
army.(310)
*170.* _Note, Building Committee._—In an action on a note given by the
pastor of a church for money borrowed to pay bills for the erection of the
church building, in which the plaintiff sought to charge the building
committee, and it appeared from the plaintiff’s testimony that the title
to the property was in the bishop and the committee did not handle any of
the funds, but was a shifting body to whom the pastor only went for advice
and consultation, it was held that the plaintiff could not recover.(311)
*171.* _Fraud, Trust._—Where a “prophet” induced members of his
organization, by his fraud and deceit, to convey to him all their property
in discharge of a religious duty and then refused to account to them, the
court declared the trust closed and divided the estate among the members
in proportion to the money, property, and labor contributed by each of
them.(312)
*172.* _Superioress, Money._—A person who contributed money for the
purpose of repairing a convent, the money being turned over to the
superioress and the convent not being incorporated, upon the project being
abandoned subsequently a personal judgment could not be obtained against
the superioress for the money contributed.(313)
*173.* _Loan, Priest._—If a man lends money to a priest for the purpose of
paying a note against the congregation left at the bank for collection, he
can recover the money so paid from the congregation.(314)
Public-domain text, read in full here on John Shaqi.
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