Fire Baptized Holiness Church of God of the Americas, Inc. v. McSwain

LEWIS, Judge.

Plaintiff Fire Baptized Holiness Church of God of the Americas, Inc. (“the denomination”) filed a complaint on 20 March 1996 against defendants (“the Shelby church”), seeking a declaration that it was the fee simple owner of property then in possession of the Shelby church. In its answer and counterclaim, the Shelby church asked the trial court to declare the newly formed Westside Praise and Worship Center the fee simple owner of the property.

*678At the close of all the evidence at trial, the jurors were asked to determine two issues: first, whether the denomination was a…