Legal Opinion

Enterprise Lodge No. 352 of the Knights of Pythias, Inc. v. First Baptist Church Ex Rel. Frazier

Supreme Court of Alabama

Decided June 20, 1974No. SC 721PublishedCited by 7 opinions

1Opinion of the Court

MADDOX, Justice.

A Masonic Lodge and a Baptist Church both claim ownership of a two-story building located in Evergreen. The matter has been here before. Enterprise Lodge No. 352, etc. v. First Baptist Church (Colored) of Evergreen, 288 Ala. 592, 264 So.2d 153 (1972). The church won in the lower court before, but this Court reversed and remanded, holding that the church, an unincorporated association, could not hold title to real property and consequently could not maintain an action in the nature of ejectment. After remand, the church amended its original complaint to show it was suing by and…

2Cases cited5 opinions

  1. Hamilton v. BrowningSupreme Court of Alabama · 1952
  2. Kidd v. BrowneSupreme Court of Alabama · 1917
  3. Payne v. JonesSupreme Court of Alabama · 1969
  4. Enterprise Lodge No. 352 of the Knights of Pythias, Inc. v. First Baptist ChurchSupreme Court of Alabama · 1972
  5. Reynolds v. HensonSupreme Court of Alabama · 1958

3Cited by7 opinions

  1. Robinson v. HamiltonSupreme Court of Alabama · 1986
  2. Wallace v. PutmanSupreme Court of Alabama · 1986
  3. Moss v. WOODROW REYNOLDS AND SON TIMBER CO.Supreme Court of Alabama · 1992
  4. Calhoun v. SmithSupreme Court of Alabama · 1980
  5. Shirey v. PittmanCourt of Civil Appeals of Alabama · 2007

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