260. Error.—A clerical error in the name of the grantee will not make a deed void. However, when such error has been discovered, it should be corrected.[469]
261. Mortgage, Bishop, Debts.—The archbishop of a church to which property is bequeathed, can not mortgage it without authority from the church or under the law.[470] Also, the bishop of a diocese to whom land had been conveyed in trust for a particular congregation, could not execute a valid mortgage thereon to secure his own indebtedness.[471] But a religious society in the absence of prohibitionary legislation, has power to mortgage its property to secure its debts.[472]
262. Deed, Trust, Fee.—A deed of land to a Catholic bishop and his heirs and assigns forever in trust for a Catholic parish for the purpose of a free burial ground, gave the bishop an estate in fee.[473]
263. Debts, Creditors.—A committee of a religious society authorized to sell lands to raise money to pay its general debts, is not authorized to execute a mortgage for the purpose of securing various creditors holding claims; and the defect in such mortgage is not cured by a vote at a subsequent meeting to which the committee made a report of its action.[474]
264. Mortgage or Sale, Notice, Consent.—Whenever there is to be a mortgage or sale of the church property, if it is to be done by the corporation, it must be done strictly in accordance with the charter and laws of the corporation, and if those do not provide therefor, every member should receive a reasonable notice to attend a meeting of the congregation and the question should be submitted to such meeting and a vote taken thereon. If all the proceedings are regular and the proper officers (president and secretary) of the corporation be authorized [pg 147] to make a conveyance, it is good in law.[475] However, if the irregular acts of officers or members of a congregation are subsequently ratified in a lawful manner, they become binding.[476] When consent of the court is required, it must be obtained.[477]
265. Title, Taxes, Judicial Notice.—If the title is in the bishop in fee in accordance with church law it is not “owned by any religious association” and is liable for taxes. The laws of the Catholic Church are not the subject of judicial notice, but must be alleged and proved as any other fact.[478]
266. Title, Diocese, Rule.—Where the title to the property of the diocese was in the bishop for the use of the church and subsequently the diocese was incorporated, the bishop was not divested of title and it was still necessary to have the property conveyed by deed.[479] In some other States, however, the contrary rule prevails.[480]
267. Priest, Deed, Funds.—Where it was claimed that a priest purchased lands and took the deed in his own name and paid [pg 148] therefor with funds belonging to the congregation, the conveyance will not be decreed by the court only upon the clearest and most satisfactory evidence.[481]
268. Monks, Missions, Title.—The fact that the monks or priests were at the head of the missions in California when it was acquired by the United States, does not prove that the Catholic Church had universal ownership of the property.[482] The acts of Congress giving the city of San Antonio authority to sell public lands, was intended, no doubt, to dispose of mission property, but it was held not to affect the Catholic Church, the title to which had been confirmed by another act of Congress.[483]
269. Texan Revolution, Land.—At the time of the Texan Revolution, a Catholic church held no real estate of perfect title, but enjoyed only the use of the land that it possessed and continued so to occupy after the admission of Texas into the Union.[484]