The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
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
*257.* _Adverse Possession, Color of Title._—A religious corporation may
obtain title to land by adverse possession. The length of such possession
is determined by the laws of the State, the usual period being twenty
years.(465) Unless the laws of the State require it, color of title at the
time of asserting adverse possession need not be shown.(466)
*258.* _Sale, Restrictions._—In some States when not restricted by the
laws of the organization the parish corporation may sell the premises in
order to pay the church debts. However, it is not a common law right.(467)
*259.* _Deed._—A deed to “The Evangelical Order of Christians” was
sufficiently definite for a valid conveyance.(468)
*260.* _Error._—A clerical error in the name of the grantee will not make
a deed void. However, when such error has been discovered, it should be
corrected.(469)
*261.* _Mortgage, Bishop, Debts._—The archbishop of a church to which
property is bequeathed, can not mortgage it without authority from the
church or under the law.(470) Also, the bishop of a diocese to whom land
had been conveyed in trust for a particular congregation, could not
execute a valid mortgage thereon to secure his own indebtedness.(471) But
a religious society in the absence of prohibitionary legislation, has
power to mortgage its property to secure its debts.(472)
*262.* _Deed, Trust, Fee._—A deed of land to a Catholic bishop and his
heirs and assigns forever in trust for a Catholic parish for the purpose
of a free burial ground, gave the bishop an estate in fee.(473)
*263.* _Debts, Creditors._—A committee of a religious society authorized
to sell lands to raise money to pay its general debts, is not authorized
to execute a mortgage for the purpose of securing various creditors
holding claims; and the defect in such mortgage is not cured by a vote at
a subsequent meeting to which the committee made a report of its
action.(474)
*264.* _Mortgage or Sale, Notice, Consent._—Whenever there is to be a
mortgage or sale of the church property, if it is to be done by the
corporation, it must be done strictly in accordance with the charter and
laws of the corporation, and if those do not provide therefor, every
member should receive a reasonable notice to attend a meeting of the
congregation and the question should be submitted to such meeting and a
vote taken thereon. If all the proceedings are regular and the proper
officers (president and secretary) of the corporation be authorized to
make a conveyance, it is good in law.(475) However, if the irregular acts
of officers or members of a congregation are subsequently ratified in a
lawful manner, they become binding.(476) When consent of the court is
required, it must be obtained.(477)
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