Britt v. BAPTIST CHILDREN'S HOMES OF NORTH CAROLINA, INC.

106 S.E.2d 474, 249 N.C. 409, 1959 N.C. LEXIS 446

• Court: Supreme Court of North Carolina
• Decided: January 14, 1959
• Docket: 743
• Status: Published

Opinion

RodmaN, J.

Appellee’s briei states the question for decision as: “Does the Odum deed, which conveys the land in question, contain a condition subsequent that could defeat the title?”

The Odums are not parties to this action. They cannot be bound without an opportunity to be heard. No matter how laudable the purpose of the parties to this action, no judicial declaration should be made which could have no binding effect, but which might seriously cloud and interfere with such rights as the Odums may have. Adhering to our practice, Morganton v. Hutton & Bourbonnais Co., 247 N.C. 666, 101 S.E. 2d 679; Edmondson v. Henderson, 246 N.C. 634, 99 S.E. 2d 869; Peel v. Moore, 244 N.C. 512, 94 S.E. 2d 491; Cutler v. Winfield, 241 N.C. 555, 85 S.E. 2d 913; Story v. Walcott, 240 N.C. 622, 83 S.E. 2d 498; Thomas v. Reavis, 196 N.C. 254, 145 S.E. 226, the judgment appealed from is vacated and the cause remanded to the Superior Court where additional parties necessary to a decision may be made.

Remanded.