Board of Church Extension and Home Missions of the Church of God, Inc. v. Percy Eads
West Virginia Supreme Court of Appeals
159 W. Va. 943, 230 S.E.2d 911 (1976)

- Written by Alex Ruskell, JD
Facts
A family gave two deeds of land in West Virginia to the Trustees of the Gilboa Church of God (defendant), a congregational church. The home base of the Church of God was in Anderson, Indiana. The deeds stated that “in the event that this property falls into disuse, or if the opinion of said General Ministerial Assembly, the local church at the above address, is no longer in fellowship and doctrinal unity with the Church of God, as represented by its General Assembly, this property shall go to, vest in, and become the property, in fee simple, of the Board of Church Extension and Home Missions of the Church of God, Anderson, Indiana.” The Board of Church Extension and Home Missions of the Church of God, Inc. (plaintiff) contended that Rosetta King, pastor of the Gilboa church, withdrew herself from doctrinal unity with the home church. The Board sued, arguing that the land covered by the two deeds had thus reverted to the home church. The lower court found in favor of the Board, and the Trustees appealed. The Trustees argued that the General Ministerial Assembly of the Church of God had made no decision regarding the Gilboa congregation’s withdrawal from unity with the Indiana home church, so the reverter clause had not been activated. The Board responded that a civil court did not have jurisdiction over the claim because it involved church law.
Rule of Law
Issue
Holding and Reasoning (Neely, J.)
Dissent (Flowers, J.)
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