Legal Opinion · Dissent

Murphy v. Traylor

Supreme Court of Alabama

Decided January 31, 1974No. SC 451Published

1DissentFaulkner, Justice

What the majority has done in this case is to call an end sweep when the game plan calls for a play up the middle. Whether an unincorporated association can hold title to real estate is still unsettled. A rose by any other name is still a rose. If the question of how a conveyance can be made from an unincorporated association were answered by the concurring opinion of the Chief Justice, I would be inclined to vote with him. But, that question is not answered. In most jurisdictions which permit unincorporated associations to hold title to real property, the title is vested in the members…

2Cases cited10 opinions

  1. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  2. Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
  3. Blakeney v. DuboseSupreme Court of Alabama · 1910
  4. Abney v. AbneySupreme Court of Alabama · 1913
  5. Amos v. ToolenSupreme Court of Alabama · 1936

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