Huntt v. Townshend ex rel. Townshend

Grason, J., delivered the opinion of the Court. This appeal is taken from a decree of the Circuit Court for Prince George’s County, sitting in equity, by which the injunction was dissolved and the bill of complaint was dismissed. The injunction had been granted to enjoin the further execution of a judgment at law, confessed in the Circuit Court for Prince George’s County, in favor of the plaintiff therein, the present appellee, by James II. Griffin, Thomas T. Munroe and William B. Townshend, ■who are described in the judgment as “survivors and successors of John II.

Munroe, Presley N. Athey, Joseph R. Huntt and Jeremiah Townshend, Trustees of McKendree Church, of the Methodist Episcopal Church of the United States of America.” The execution had been levied upon the church and the lot upon which it stood. The record presents several questions, which we do not consider it necessary to decide, and among those is' the question, who are the rightful and lawful trustees of the ³³⁸ said Church? We shall consider but two points: first, have the complainants the right to maintain this suit, and second, is the judgment confessed by the parties thereto, binding upon McKendree Church ? The bill in this case was filed by the appellants, representing themselves to be trustees and members of McKendree Church; and it sufficiently appears in the bill that they sue for themselves, as well as for other members of said Church, “ using it and worshipping therein.” Joseph R. Huntt, one of the complainants, is the only survivor of the original trustees appointed by the deed, and to whom the property, taken in execution, was conveyed.

There can be no doubt, therefore, that the bill shows such an interest in the complainants and the others, in whose behalf they also sue, in the property levied upon, as to entitle them to prosecute this suit. The provisions and conditions of the de.ed of trust make the law, by which the conduct of the trustees, in the management and disposition of the trust property must, be regulated and controlled. Trustees acccepting the trust upon the terms and conditions of the deed creating the trust, have no power to alter, change, or dispense with ..those terms and conditions. Dolan & Foy vs. Mayor and City Council of Baltimore, 4 Gill, 405, 406 .

The deed of trust by which this