dissents.
I dissent. I believe the trial court committed fundamental error in granting a recovery in favor of the intervenors because they admittedly had no personal interest in the property in question. The record in this case shows that J. 0. Allen, Willie Mae Sowell and Minnie Moody sued appellant in their capacities as trustees of White Rock Chapel Church. There was no proof that the White Rock Chapel Church was a business corporation, or a non-profit corporation under the provisions of the Texas Non-Profit Corporation Act, Article 1396-1.01, et seq., Tex.Rev.Civ.Stat.Ann., or that the trustees of the church were acting within the general powers of Article 1396-2.02, Tex.Rev.Civ.Stat.Ann. Further, there was no proof of any trust under which appellees purported to act and no proof of any bylaws, rules and regulations by which the church was organized or governed. By deduction, it must therefore be inferred that the White Rock Chapel Church was and is an unincorporated association.
It is my opinion that an unincorporated voluntary association is incapable of acquiring title by adverse possession since the association has no capability of taking legal ownership of the property. In other words, absent statutory authority, a voluntary association is not a legal entity capable of owning land. It has been stated, however, that the members of a voluntary association may hold title to property jointly as individuals. Gribble v. Call, 123 S.W.2d 711, 713 (Tex.Civ.App. Eastland 1938, writ dism’d judgmt. cor.).
In the present case the trial court held that “Intervenors, by and through their predecessor Trustees acquired title to the land as described by peaceable and adverse possession from 1884 through 1895 and thereafter under Article 5510, T.R.C.S.” and “Title vested in the Trustees of WHITE ROCK CHAPEL CHURCH after expiration of the limitation period by virtue of Article 5510, T.R.C.S.”
While the church as an unincorporated association could not acquire title to the property, there was no reason why the trustees as individuals for themselves and jointly with their associates, could not acquire title by limitation. Gribble v. Call, supra; Annot., 4 A.L.R.2d 123. I am of the opinion that the original trustees, B. F. Turner, .Wm. Harris, G. W. Coit, F. Brigham and J. Coit, could have matured title in themselves *814under the ten-year statute of limitations, but there is no evidence that they claimed the property for themselves individually. There is authority that unless they had set up the claim in their own right, they could not have acquired title by limitation. Heiskell v. Trout, 31 W.Va. 810, 8 S.E. 557, 561 (1888). Also, in Salem Church of United Brethren v. Numsen, 191 Md. 43, 59 A.2d 757 (1948), it is stated that the weight of authority seems to hold that the trustees of unincorporated religious associations cannot acquire title by adverse possession. Assuming that the original trustees had matured title in themselves individually, the proof does not show that intervenors have brought this suit claiming to be heirs or grantees of those individuals. Appellees did not attempt to prove title in themselves individually. It thus appears that appellees are not entitled to any recovery. 2 Tex. Jur.2d, Adverse Possession, Sec. 14, p. 74; 2 C.J.S. Adverse Possession § 21, p. 672 and § 23, p. 674.
This case is not to be confused with situations in which conveyances of properties are made to the trustees of a church for the uses, benefits and purposes of the church. See Methodist Episcopal Church v. Roach, 51 S.W.2d 1100 (Tex.Civ.App. Texarkana 1932, no writ); 6 Tex.Jur.2d, Associations and Clubs, Sec. 7, p. 522; 50 Tex.Jur.2d, Rev., Religion, Etc., Sec. 22, p. 85. Legal title to property may be conveyed to and vested in the trustees of an unincorporated association to hold the property in trust for the benefit of the members of such association. Methodist Episcopal Church v. Roach, supra; Brown v. Clark, 102 Tex. 323, 116 S.W. 360 (1909). It has always been held that a grant to an unincorporated association will not fail for want of a grantee since, in such a case, title vests in its members. Edwards v. Old Settlers’ Ass’n, 166 S.W. 423, 426 (Tex.Civ.App. Austin 1914, writ ref’d); U. S. Royalty Ass’n. v. Stiles, 131 S.W.2d 1060, 1063 (Tex.Civ.App. Amarillo 1939, writ dism’d judgmt. cor.).
Intervenors filed their claim solely as successor trustees of White Rock Chapel Church asserting that the original trustees of the church had acquired the title to the land by peaceable and adverse possession for a period of ten years. Since I do not think that the trustees of an unincorporated association can acquire title by adverse possession, for the association, I would reverse the judgment of the trial court and render judgment that appellees take nothing. Further, I would reverse the judgment of the trial court because I do not believe there is any evidence to show that the original claimants were claiming this specific tract by adverse possession. The tract was not enclosed by fence and appellees failed to prove a “claim of right,” because they failed to show that the original claimants entered upon the land with the intent to claim the land as their own and to hold it to the exclusion of all others as required by Articles 5510 and 5515, Tex.Rev.Civ.Stat. Ann. Brohlin v. McMinn, 161 Tex. 319, 341 S.W.2d 420 (1960); Orsborn v. Deep Rock Oil Corp., 153 Tex. 281, 267 S.W.2d 781 (1954); Houston Oil Co. of Texas v. Stepney, 187 S.W. 1078, 1084 (Tex.Civ.App. Beaumont 1916, writ ref’d); Orlando v. Moore, 274 S.W.2d 86 (Tex.Civ.App. Waco 1954, writ ref’d n. r. e.).