ASSOCIATIONS-TITLE TO LAND CONVEYED TO CHURCH AFTER EXPIRATION OF CHARTER

Authors

R. V. Wellman, University of Michigan Law SchoolFollow

Abstract

The X Church was incorporated by special charter for a period of fourteen years from 1814. Subsequent charters extended its corporate existence until 1871, since which time, though the members have remained associated under the same name, there has been no attempt to re-incorporate. In 1922, land was conveyed to "X Church, its successors and assigns." Defendant contracted with the chairman and the warden of the Church to buy the land described in the deed of 1922. Subsequently, plaintiff, who had been elected minister of the Church in 1945, was authorized to execute and deliver the necessary deed of the land to defendant by a resolution unanimously adopted at a meeting of the members of the Church at which a "quorum" was present. Defendant declined to accept the proffered deed. due to the uncertainty of the title and power of plaintiff to execute a valid conveyance of the land. Plaintiff petitioned for a declaratory judgment. Held, the deed offered is sufficient. The conveyance of 1922 vested title in the members of the Church as such, and the present members will be bound by a deed executed by plaintiff as their duly appointed agent. Jeffery v. Ehrhardt, (S.C. 1947) 43 S.E. (2d) 483.

Recommended Citation

R. V. Wellman, ASSOCIATIONS-TITLE TO LAND CONVEYED TO CHURCH AFTER EXPIRATION OF CHARTER, 46 Mich. L. Rev. 824 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss6/8