Gewin v. Mt. Pilgrim Baptist Church
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard, before Hon. A. H. Benners. Bill by the Mt. Pilgrim Baptist Church against W. C. Gewin and others for the specific performance of a contract to convey. Decree for complainants and respondents appeal.
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Appeal from Jefferson Chancery Court. Heard, before Hon. A. H. Benners. Bill by the Mt. Pilgrim Baptist Church against W. C. Gewin and others for the specific performance of a contract to convey. Decree for complainants and respondents appeal. The church could not take and hold the property at the time the bond for title was made, and one corporation, the successor of another does not succeed to rights which the former corporation by lack of capacity would, be unable to enforce. — 8. & N. Ala. B. B. Oo. v. E. A. & B. B. B. Co., 119 Ala. 105. Deman and Spencer were the only trustees after…
1Opinion of the CourtSayre, J.
At a time when Mt. Pilgrim Baptist Church was an unincorporated religious society, Messrs. Gewin and McGahey contracted to sell to Spencer and others, trustees for the church, a certain lot at Cleveland upon which it was proposed to erect a church building. At that time the services of the church were being held at another place. Schism intervened. The church divided into factions; each having its own pastor, and each claiming to be the true Mt. Pilgrim Church. But before differences became irreconcilable payments on the new lot were completed by or for the church, and the old churchhouse was…
2Cases cited12 opinions
- Bouldin v. AlexanderSupreme Court of the United States · 1872
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- Williams v. PearsonSupreme Court of Alabama · 1862
- White Lick Quarterly Meeting of Friends v. White Lick Quarterly Meeting of FriendsIndiana Supreme Court · 1883
- Baker v. FalesMassachusetts Supreme Judicial Court · 1820
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Williams v. JonesSupreme Court of Alabama · 1952
- Barton v. FitzpatrickSupreme Court of Alabama · 1914
- Mount Olive Primitive Baptist Church v. PatrickSupreme Court of Alabama · 1949
- Caples v. Nazareth Church of Hopewell Ass'n.Supreme Court of Alabama · 1944
41 more not listed; retrieve them via the Exa API.