*122.* _Mother Church, Control._—A majority of the members of a
congregation can not by their vote leave the church and transfer the
property of the congregation to another church so long as any portion of
the congregation remains faithful to the mother church of which such
congregation forms a part. Such minority shall retain control of the
property.(221)
*123.* _Seceders, Funds._—Nor can seceders from a religious denomination
retain the funds in their hands as trustees on the ground that they were
members of the society when the funds accrued.(222) The title to church
property in a divided congregation is in that part of the congregation
which is acting in harmony with its own law; and the ecclesiastical laws
and principles which were accepted among them before the dispute began are
the standards for determining which party is right.(223)
*124.* _Society, Foreign Language, Independent._—The formation of a
society distinct from the rest of the congregation for the purpose of
instruction in a portion of the doctrine of the same church in a foreign
language is not a separation from the congregation, although it has its
own minister and officers.(224) Where an independent congregation of one
denomination votes unanimously to go over to another denomination, and the
title to the church property is in the parish corporation, the seceders
take with them the church property.(225)
*125.* _Subordinate, Incorporated._—A religious society subordinate to
church judicatures, which declares itself independent and becomes
incorporated under the general law of the state and subsequently purchases
land and takes title in the name of the corporation, holds such land
independently of such church judicatures.(226)
*126.* _“__Church,__”__ Seceders, Debt._—Where a religious society amended
its constitution as provided therein, those who adhered to the amended
constitution constituted the “church,” and those who refused to do so were
seceders.(227) After seceding, a member of a parish is liable for a debt
existing at the time of his secession.(228)
*127.* _Bible, Constitution, Withdrawal._—A religious organization that
takes the Bible as its constitution can not declare a member a seceder who
interprets it contrary to the Augsburg Confession of the
denomination.(229) What amounts to a voluntary withdrawal of members from
a religious association, is a question of law.(230)
*128.* _Majority, Obligation._—The fact that a majority of the members of
a religious corporation secede therefrom by a vote, does not affect its
obligation entered into prior thereto.(231) Two factions of a church
separating and keeping up different organizations may both still retain
their membership in the denomination.(232)
*129.* _Division, Funds._—Where there is a division in a denomination by
the secession of a part of the members from the mother church, the
Legislature has no authority to divide the funds and give a part to the
seceding division.(233)
*130.* _Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism,
Secession._—The division of the Methodist church into distinct
organizations of slaveholding and non-slaveholding States, was not a
secession and neither division lost its interest in the common
property.(234) A quarrel in a congregation growing out of an illegal
election followed by the majority excluding the minority from the church,
is not a schism, and is no ground for a division of the church
property.(235) The secession of a whole congregation does not carry with
it the church property; and those who are left and adhere to the mother
church retain control of the property.(236) When the seceders from one
church join another, they forfeit all claim to any interest held by the
former and lose identity with it.(237)