Wheelock

The sufficiency of the complaint is the only question before the court upon this appeal, judgment having been entered upon an order sustaining a demurrer thereto. A condensed recital of the main facts disclosed by the pleading becomes necessary.

The First Presbyterian Church of Los Angeles was composed of about eight hundred members, and was incorporated according to the laws of the state. As such corporation it was the owner of certain real estate, which it sold for the sum of fifty thousand dollars, approximately. It was contemplated that this fund of money should he applied to the purchase of a suitable site and the erection of a church building thereon. When the time approached for the selection of such site, unanimity of opinion was lacking, and dissensions arose. A slight majority of the mam, hers desired a particular location for the church; a large minority opposed the choice of the majority. The trustees of the corporation, representing the wishes of the majority, purchased a tract of land and proceeded toward the erection of the church. Thereupon the minority, by petition, placed the facts before the Presbytery, a church tribunal having control and supervision of the…