SSPX Deal: But Will the Fat Lady Sing? — article by Fr. Cekada
#51
(04-20-2012, 04:06 PM)FatherCekada Wrote: Don't make the fatal mistake of assuming a non-attorney is an ignorant amateur.

Father C:

Hopefully, I didn't make any fatal mistakes assuming anything.  All I stated was that your earlier comments were not accurate synopses of U.S. property law. 

They are not. 

And I demonstrated that by a real life example:  Saint Stanislaus Kostka parish in St. Louis.

Your statement:  "If someone who represents the hierarchy of the Catholic Church (a diocesan bishop appointed by the pope or the head of a Catholic religious order) says that, under Catholic canon law, Father Smith has the right to be Pastor of St. Mary's Church or Sister Caroline has the right to be Superior of St. Felicia's Convent, the court will automatically award control of St. Mary's to Fr. Smith and of St. Felicia's to Sr. Caroline."

There were at least two bishops who had authority to appoint pastors to that particular parish:  the ordinary of St. Louis and the Bishop of Rome.  However, neither one of them ended up owning that property. 

A court will not "automatically" award control of a property to anyone.  It must first discern the rightful owner, and that is determined by a properly recorded deed.

Once the named person/entity is determined, the question becomes:  Who exactly is that person/entity?  That's where some of your later comments come into play.

I will state in your defense that some of your later comments do contain accurate representations of law, but you make a lot of assumptions that may or may not play out.  If some of your assumptions are not correct, then the conclusions that you draw from those assumptions are not correct.

Of course, the SV position adds a can of worms to the mix because it does not recognize any of the Roman Rite bishops in the U.S.  According to you, there is not  one single Roman Rite bishop/ordinary in the U.S., which would have immense ramifications for property ownership if that were the case.
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Re: SSPX Deal: But Will the Fat Lady Sing? — article by Fr. Cekada - by DJR - 04-22-2012, 12:08 AM



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