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 ceased to be the Free Church of Scotland and therefore 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) held that the Assembly of original Free Church had a right, within limits, to change its position.