Chapter XXI. Property
251. Unincorporated, Trustee.—The question whether an unincorporated religious society may take a gift or devise, is determined by the law of domicile.[458] Generally an unincorporated religious association can not hold property in its assumed name, but it must be held by conveyance in trust to a trustee named.[459]
252. Charter, By-Laws.—When the charter or by-laws of a church corporation provide that they may be altered, such changes may, after the execution and delivery of a deed, immediately adhere to the title.[460]
253. Suits, Corporation, Members.—Cases may occur in which the corporation in its corporate capacity, or the society in its collective capacity, may be a plaintiff or a defendant in a suit between it and one or [pg 144] more members of the religious society in their individual capacity or in their collective capacity, in a quasi-conspiracy or concerning other torturous acts, or a collective contract.[461]
254. Deed, Court, Title.—A deed made in pursuance of an order of a court having jurisdiction passes good title.[462]
255. Subscription, Lots.—Any one may convey title to a church as his part of the subscription by merely marking it on a plat made by him, as lots donated to such church.[463]
256. Misnomer, Identity.—The misnomer of a religious society or corporation will not invalidate a mortgage where the identity of the society can be clearly shown.[464]
257. Adverse Possession, Color of Title.—A religious corporation may obtain title to land by adverse possession. The length of such possession is determined by the laws of the State, the usual period being twenty years.[465] Unless the laws of the State require it, color of title at the time of asserting adverse possession need not be shown.[466]
258. Sale, Restrictions.—In some States when not restricted by the laws of the organization the parish corporation may sell the premises in order to pay the church debts. However, it is not a common law right.[467]
259. Deed.—A deed to “The Evangelical Order of Christians” was sufficiently definite for a valid conveyance.[468]