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Scottish Court of Session Decisions >>
David Allan and Others, v James Macrae. [1791] Mor 14583 (25 May 1791)
URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor3314583-027.html
Powers of a Majority of a Society; - of a Surviving Partner.
David Allan and Others, v. James Macrae
Date: 25 May 1791 Case No. No. 27.
A number of people having formed themselves into a society for religious purposes, built a meetinghouse by voluntary contributions of the members. A schism having happened in the congregation, the majority of the contributors were found entitled to the, property of the subject.
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A number of people in the parish of Fettercairn, in Kincardineshire, who formed themselves into a religious society, under the denomination of Bereans, and chose Mr. Macrae for their pastor, purchased a piece of ground, on which they erected a place of worship, the whole expense being defrayed by the voluntary contributions of the members. The property having been acquired in the name of a committee of their number, as trustees for the congregation, the feudal right was vested in these trustees by infeftment.
Afterwards, however, a schism happened in this congregation, a part of them adhering to Mr. Macrae, and another part renouncing all connection with him; in consequence of which, the question came to be agitated in a process of declarator, at whose disposal the property of the society should be.
The Lord Ordinary reported the cause; when
The Court, contrary to the decision in the case of Gibb's meeting-house in 1752, and agreeably to those of Jobson in 1771, No. 5. p. 14555. which related to a seceding meeting-house at Dundee, and of Smith in 1779, respecting a meeting house at Falkirk,
“Found, That the feu-right obtained by David Allan and others, as managers for building a meeting-house for divine-worship, was a trust in their persons, for behoof of the contributors for purchasing the area, and building the meeting-house in question; and that the said trustees are bound to denude themselves of said trust, in favour of the said contributors, or the majority of them, or managers named by the majority.”
Reporter, Lord Dreghorn.Act. Solicitor General Stewart.Alt. Dean of Faculty Gillies.Clerk, Sinclair.
Fol. Dic. v. 4. p. 287. Fac. Coll. No. 181. p. 367.
