M'Dougall v. Brown [1901] ScotLR 39_219 (07 December 1901)

M'Dougall v. Brown [1901] ScotLR 39_219 (07 December 1901)

The trustees for the congregation, as holders of the church property under the model trust-deed, have title to sue to exclude a former minister who has been loosed from the pastoral charge and is no longer authorised by the church courts to officiate. The trust-deed expressly limits the right to officiate to those authorised by the church courts, and the defender, having been lawfully removed, cannot claim such authority. The union of the Free Church with the United Presbyterian Church does not affect the trustees' title or powers under the trust-deed.

Citation
[1901] ScotLR 39_219
Parties
Pursuer: The Trustees for the Congregation of the West Free Church, Coatbridge (John Brown, James Stirrat, James Marshall); Pursuer: Dr Taylor (Moderator), Drs Melville and Henderson (Principal Clerks of the General Assembly of the Free Church of Scotland, May 1900); Pursuer: Members of the Free Church Presbytery of Hamilton; Defender: Rev. William Currie M'Dougall
Jurisdiction
Scotland
Judgment Date
07 December 1901
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Reclaiming note refused; interlocutor of Lord Ordinary affirmed.
Legal Topics
Title to Sue, Church Property, Interdict (injunction), Ministerial Status, Interpretation of Trust Deeds
Trusts and Trustees Ecclesiastical Law Property Law Title to Sue Church Property Interdict (injunction) Ministerial Status Interpretation of Trust Deeds

Case Brief

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Parties

The Trustees for the Congregation of the West Free Church, Coatbridge (John Brown, James Stirrat, James Marshall)

Pursuer

Dr Taylor (Moderator), Drs Melville and Henderson (Principal Clerks of the General Assembly of the Free Church of Scotland, May 1900)

Pursuer

Members of the Free Church Presbytery of Hamilton

Pursuer

Rev. William Currie M'Dougall

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the trustees for the congregation have title to sue for possession and interdict against a former minister.
  2. 2 Whether the defender, having been loosed from the pastoral charge, is entitled to officiate or possess the church.
  3. 3 Interpretation of the model trust-deed regarding authority to officiate in the church.

Ratio Decidendi

The trustees for the congregation, as holders of the church property under the model trust-deed, have title to sue to exclude a former minister who has been loosed from the pastoral charge and is no longer authorised by the church courts to officiate. The trust-deed expressly limits the right to officiate to those authorised by the church courts, and the defender, having been lawfully removed, cannot claim such authority. The union of the Free Church with the United Presbyterian Church does not affect the trustees' title or powers under the trust-deed.

Court Disposition

Reclaiming note refused; interlocutor of Lord Ordinary affirmed.

Orders

  • Declarator granted that defender is not entitled to retain possession or officiate in the West Free Church of Coatbridge.
  • Interdict granted against defender from preaching, expounding scriptures, administering ordinances, or performing acts of religious worship in the church.