Caples v. Nazareth Church of Hopewell Ass'n.

STAKELY, Justice.

Nazareth Church is a Primitive Baptist Church located in the northern part of Tuscaloosa County. It is an unincorporated association and was organized in 1849. In 1937 a dispute arose among the members, with the result that a number of members were excluded from the church, including J. A. Capíes, W. B. Norris and W. J. Hocutt. The exclusion is admitted by the excluded members. It is claimed, however, that the exclusion was wrongful because the church at the time was in disorder.

Some time after the exclusion in 1937, the excluded members had a meeting and organized a church,…