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SIMPSON v. MULLINEAUX

No. 42,159

188 Kan. 139 (1961)

360 P.2d 893

MERLIN SIMPSON et al., Appellees, v. E.L. MULLINEAUX, Gospel Assembly Church, by E.L. MULLINEAUX, MID-KANSAS FEDERAL SAVINGS & LOAN ASSOCIATION of Wichita, and the Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns, or their Unknown Successors, Trustees and Assigns; the Unknown Spouses of the Defendants; the Unknown Guardians and Trustees of such of the Defendants as are Minors, or in anywise under legal disability, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

E.H. Hatcher of Topeka, and John Madden of Wichita argued the cause, and Richard L. Ebersole of Wichita was with them on the briefs for the appellants.

Pat Warnick of Wichita argued the cause, and Alan B. Phares of Wichita was with him on the briefs for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

The appeal herein involves a schism in the Gospel Assembly Church of Wichita. Some sixty former members of the church in 1955 filed a petition containing four causes of action in which they sought to partition the church property, and to enjoin the defendants from doing various things contrary to the alleged interests of the plaintiffs. The church was and is an unincorporated church society, and its property...

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