The questions involved on this appeal are controlled by the decision of this Court in Church v. Bragaw, 144 N. C., 126. The judgment below is
Affirmed.
Vestry & Legal Trustees of the Property of St. Peter's Protestant Episcopal Church v. Duke, 216 N.C. 793 (1939)
Sept. 20, 1939
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Supreme Court of North Carolina
216 N.C. 793
THE VESTRY AND LEGAL TRUSTEES OF THE PROPERTY OF ST. PETER'S PROTESTANT EPISCOPAL CHURCH OF WASHINGTON, N. C., Comprising T. HARVEY MYERS, Senior Warden, and J. D. GRIMES, Junior Warden, and Ten Others, v. C. C. DUKE.
(Filed 20 September, 1939.)
Appeal by defendant from Thompson, J., at June Term, 1939, of Beaufort.
Affirmed.
Controversy without action to determine the validity of the title of a tract of land which the plaintiffs contracted to convey to the defendant and the defendant agreed to purchase. The defendant declined to comply with the contract by reason of alleged defects in the title. The graveyard, about which there are certain stipulations in the will of Thomas A. McNair, Sr., is not located on the property plaintiffs propose to convey. Judgment for the plaintiffs, and the defendant appealed.
H. S. Ward for plaintiffs, appellees.
A. E. Daniel for defendant, appellant.