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Bannatyne v Overtoun : ウィキペディア英語版
Bannatyne v Overtoun
''Bannatyne v Overtoun'' () AC 515 (also called ''General Assembly of the Free Church of Scotland v Lord Overtoun: Macalister v Young'' 1904 7 F (HL) 1 and known as the ''Free Church case''), was a protracted legal dispute between the United Free Church of Scotland (which was a union in 1900 of the majority Free Church of Scotland with the United Presbyterian Church of Scotland) and the minority of the Free Church who had remained outside of the union (see Free Church of Scotland (post 1900)).
==Facts==
The minority of the Free Church, which had refused to join the union, quickly tested its legality. They issued a summons claiming that, in altering the principles of the Free Church, the majority had forfeited the right to its assets, which should belong to the remaining minority, who were the true ‘Free Church’. However, the case was lost in the Court of Session where Lord Low (upheld by the second division) ruled that the Assembly of the original Free Church had a right, within limits, to change its position.

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