Southside Spiritualist Church v. National Federation of Spiritual & Psychic Science Church

Good Law
119 Cal. App. 11
Court of Appeal of CaliforniaDecember 4, 1931Civ. No. 8046California930 words

Opinion

lead Opinion

Spence, J.

From a judgment in favor of defendants, plaintiffs appeal upon the judgment-roll.

The cause was tried upon plaintiffs’ second amended complaint and the answer thereto. The main controversy appears to have been over the ownership and right to possession of certain property described in the complaint, the legal title to which real property stood in the name of the Southside Spiritualist Church, a religious corporation. This corporation was not made a party to the action. The Southside Spiritualist Church, an alleged unincorporated religious society, was originally named as one of plaintiffs but by the second amended complaint was “withdrawn as a separate and independent plaintiff in this action”, leaving three individual plaintiffs, who alleged that they brought the action on their own behalf and for the benefit of other unnamed persons constituting a religious society known as the Southside Spiritualist Church. They further alleged among other things that “The said Southside Spiritualist Church, said plaintiffs and those with whom they are associated, are the owners and entitled to the immediate possession of said property.” From the prayer of the complaint it appears that…

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