United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bouldin v. Alexander, 103 U.S. 330 (1880)

Bouldin v. Alexander

103 U.S. 330

Syllabus

1. Pending a suit brought to control the affairs of a church and obtain possession of its property by a portion of the congregation against its founder and another portion, each claiming to be the lawfully elected trustees, every member who desired to worship at the church was permitted to do so, and it was kept exclusively for church purposes. A decree passed for the complainants. Held that they were not entitled to recover for the use and occupation of the church premises, as no claim therefor was made in their bill and the defendants derived no pecuniary advantage therefrom.

2. The referee having found that money had been collected on behalf of the church by the pastor, who held a deed of trust on the church property to secure notes payable to him, this Court directs that he be allowed by the court below to produce them in order that the money be applied as a credit thereon, or, upon his failure to do so, or to satisfactorily account for them, that a decree be entered against him for the money.

The facts are stated in the opinion of the Court.