57-14 - Suits by members to have land sold or mortgaged.
§ 57-14. Suits by members to have land sold or mortgaged.
Whenever the governing body of any church diocese or any religiouscongregation whose property is held by trustees, for whose use a conveyance,devise, or dedication of land has been lawfully made, shall deem that theirinterest will be promoted by a sale of the whole or a part of such land, orby a mortgage thereof, or deed of trust thereon, it shall be lawful for anymember of such church diocese or congregation, in his name and on behalf ofthe other members thereof, to prosecute a suit for either of such purposes inthe circuit court of the county, or circuit court of the city, in which suchland or the greater part thereof lies, against the trustees or the survivorsof them in whom the legal title is; and it shall be lawful for such court, ifa proper case be made, and it appears that the governing body of the churchdiocese or the congregation has given its assent thereto in the modeprescribed by its authorities, and the court be of opinion that the rights ofothers will not be violated thereby, to order the sale of such land or partthereof, or the execution of such mortgage or deed of trust, and make suchdisposition of the proceeds of such sale as the governing body of the churchdiocese or congregation may desire.
(Code 1919, § 45; 1962, c. 516; 2005, c. 772.)