Tunstall v. Wormley
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. A. P. McCormick. Suit by Wormley, for himself and numerous other parties, alleged to have formed themselves into an association for religious and charitable purposes under the name of the “ Missionary Baptist Church,” for the recovery of a lot of ground and improvements in Brazoria, against the appellant Tunstall and others.
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Appeal from Brazoria. Tried below before the Hon. A. P. McCormick. Suit by Wormley, for himself and numerous other parties, alleged to have formed themselves into an association for religious and charitable purposes under the name of the “ Missionary Baptist Church,” for the recovery of a lot of ground and improvements in Brazoria, against the appellant Tunstall and others. The petition charged that plaintiff, and those for whom he sued, formed themselves into such association in 1866, and became the owners of the lot; that the deed for it was made to Tunstall in trust to hold for the benefit…
1Opinion of the Court
Quinan, Commissioner.
It is insisted by the appellant that his exceptions to the plaintiff’s petition should have been sustained; that the “ Missionary Baptist Church ” was never so organized as to become a corporation capable of holding property, of suing and being sued. It is contended that the act of 1845 concerning churches (Pasch. Dig., art. 483), was repealed by the general incorporation law of 1814, p. 139. That law purports to repeal only those provisions of the former laws which were in conflict with it. It provided that religious societies might become bodies corporate under that…
2Cases cited1 opinion
- Cain v. StateTexas Supreme Court · 1857
3Cited by24 opinions
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- Cox v. Thee Evergreen ChurchTexas Supreme Court · 1992
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- Coffee v. William Marsh Rice UniversityTexas Supreme Court · 1966
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