AMERICAN LUTHERAN CHURCH v. EVANGELICAL LUTHERN

No. 18400.

343 P.2d 711 (1959)

AMERICAN LUTHERAN CHURCH, an Illinois corporation, Omar H. Karspeck, Gerd H. Ihnen and Otto Stahlecker, Plaintiffs in Error, v. EVANGELICAL LUTHERN ST. PAUL'S CHURCH OF LOVELAND, Colorado, a Colorado corporation, George Bernhardt, Godfred Martin and Edward J. Spreng, as Trustees of The Evangelical Luthern St. Paul's Church of Loveland, Colorado, George Spomer, as Deacon of The Evangelical Luthern St. Paul's Church of Loveland, Colorado, George Bernhardt, George L. Wacker, Mrs. George Wacker, Carl H. Schmidt, Mrs. Carl H. Schmidt, Albert C. Schmidt, Mrs. Albert Schmidt, Arthur Harding, Mrs. Arthur Harding, John Lesser, Anna Lesser, George Spomer, Katie Spomer, George Lesser, Mrs. George Lesser, Howard Wertz, Mrs. Howard Wertz, LeRoy Martin, Mrs. LeRoy Martin, Godfred Martin, Mrs. Godfred Martin, Martin Diekman, Reva Diekman, Edward J. Spreng, John Spreng, Adolph Reider and Elsie Reider, Defendants in Error.

Supreme Court of Colorado, En Banc.

August 31, 1959.


Attorney(s) appearing for the Case

Apple & West, Greeley, for plaintiffs in error.

John A. Cross, Robert C. Christensen, Loveland, for defendants in error.


MOORE, Justice.

We will refer to the parties as they appeared in the trial court, where plaintiffs in error were defendants and defendants in error were plaintiffs.

It is alleged in the complaint that the individually named plaintiffs were members of the plaintiff church, and that three of them were trustees thereof; that the three individually named defendants executed a certain deed purporting to convey the real estate occupied by the plaintiff church to...

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