Code of Virginia

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Code of Virginia
Title 57. Religious and Charitable Matters; Cemeteries
Chapter 2. Church Property; Benevolent Associations and Objects

§ 57-14. Suits by members to have land sold or mortgaged.

Whenever the governing body of any church diocese or any religious congregation whose property is held by trustees, for whose use a conveyance, devise, or dedication of land has been lawfully made, shall deem that their interest will be promoted by a sale of the whole or a part of such land, or by a mortgage thereof, or deed of trust thereon, it shall be lawful for any member of such church diocese or congregation, in his name and on behalf of the other members thereof, to prosecute a suit for either of such purposes in the circuit court of the county, or circuit court of the city, in which such land or the greater part thereof lies, against the trustees or the survivors of them in whom the legal title is; and it shall be lawful for such court, if a proper case be made, and it appears that the governing body of the church diocese or the congregation has given its assent thereto in the mode prescribed by its authorities, and the court be of opinion that the rights of others will not be violated thereby, to order the sale of such land or part thereof, or the execution of such mortgage or deed of trust, and make such disposition of the proceeds of such sale as the governing body of the church diocese or congregation may desire.

Code 1919, § 45; 1962, c. 516; 2005, c. 772.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.