O.C.G.A. § 14-5-43 (2019)
Church represented by majority; effect of withdrawal of part of congregation
The majority of those who adhere to its organization and doctrines represent a church. The withdrawal by one part of a congregation from the original body or the uniting of a part of a congregation with another church or denomination is a relinquishment of all rights in the church abandoned. (Civil Code 1895, § 2360; Civil Code 1910, § 2833; Code 1933, § 22-406; Code 1933, § 22-5504, enacted by Ga. L. 1968, p. 565, § 1.) History of Code section. - The language of this Code section is derived in part from the decision in Bates v. Houston, 66 Ga. 198 (1880).
Annotations
Law reviews. - For comment on Presbyterian Church in the United States v.
Mary Elizabeth Blue Hull Mem. Presbyterian Church, 225 Ga. 259, 167 S.E.2d 658 (1969), cert. denied, 396 U.S. 1041, 90 S. Ct. 680, 24 L. Ed. 2d 685 (1970), see 6 Ga. St. B. J. 438 (1970).
CORPORATIONS & PARTNERSHIPS
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the provisions, decisions under former Code 1933, §§ 22-406 and 22-5504, are included in the annotations for this Code section. Applicable only to churches with congregational government. - Former Code 1933, § 22-5504 (see now O.C.G.A. § 14-5-43) properly was to be construed as being applicable only to churches having a congregational form of government. Jones v. Wolf, 244 Ga. 388, 260 S.E.2d 84 (1979), cert. denied, 444 U.S. 1080, 100 S. Ct. 1031, 62 L. Ed. 2d 763 (1980) (decided under former Code 1933, § 22-5504). O.C.G.A. § 14-5-43 is applicable only to churches having a congregational form of government and, thus, members of a church not categorized as congregational had standing to bring an action alleging a diversion of church property from the purpose for which the church and its assets had been devoted. Crocker v. Stevens, 210 Ga. App. 231, 435 S.E.2d 690 (1993), cert. denied, 511 U.S. 1053, 114 S. Ct. 1613, 128 L. Ed. 2d 340 (1994). In case of disagreement, majority represents church. - Minorities of a church membership cannot act for the church; the majority of the members, in case of disagreement, represents the
church. Walker v. Ful-Kalb, Inc., 181 Ga. 563, 183 S.E. 776 (1936) (decided under former Code 1933, § 22-406). Minority of church membership cannot bind the church by contract unless properly authorized to act for it. Walker v. Ful-Kalb, Inc., 181 Ga. 563, 183 S.E. 776 (1936) (decided under former Code 1933, § 22-406). Insufficient record showing plaintiffs represented majority of church. - In a dispute over ownership of a church’s property and assets, a trial court erred by granting summary judgment to the plaintiffs, who claimed to be the majority of the church’s membership, because the record was insufficient to allow the trial court to determine whether plaintiffs represented a majority of the church. God’s Hope Builders, Inc. v. Mount Zion Baptist Church of Oxford, Georgia, Inc., 321 Ga. App. 435, 741 S.E.2d 185 (2013). Cited in Carden v. LaGrone, 225 Ga. 365, 169 S.E.2d 168 (1969); James v. Gainey, 231 Ga. 543, 203 S.E.2d 163 (1974); Lucas v. Hope, 515 F.2d 234 (5th Cir. 1975); Jones v. Wolf, 443 U.S. 595, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979); First Rebecca Baptist Church, Inc. v. Atlantic Cotton Mills, 263 Ga. 867, 440 S.E.2d 159 (1993); Howard v. Johnson, 264 Ga. App. 660, 592 S.E.2d 93 (2003).
RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Religious Societies, §§ 20, 29. C.J.S. - 77 C.J.S., Religious Societies, §§ 26 et seq., 110 et seq. ALR. - Determination by the civil courts of property rights between contending factions of an independent or congregational church, 8 ALR 105; 70 ALR 75.
Change of denominational relations or fundamental doctrines by majority faction of independent or congregational church as ground for award of property to minority, 15 ALR3d 297.