Murphy v. Traylor

(concurring in result) :

I concur that this case, should be affirmed, but for different reasons.

Appellant in this case relies on Title 61, Sections 4, 5, Code of Alabama, 1940, as amended (Recompiled 1958) and the long standing common law rule that an unincorporated association cannot hold title to real property, e. g., Enterprise Lodge No. 352 v. First Baptist Church (Col.) of Evergreen, 288 Ala. 592, 264 So.2d 153 (1972). Section 4 provides as follows:

“A devise of lands, tenements, or hereditaments may be made to any person or corporation capable by law of holding real estate.”

Section 5…