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

Supreme Court of North Carolina

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

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

Supreme Court of North Carolina·Decided January 14, 1959·No. 743·Published·Cited by 4 cases

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.

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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.

Britt v. BAPTIST CHILDREN'S HOMES OF NORTH CAROLINA, INC., 106 S.E.2d 474, 249 N.C. 409, 1959 N.C. LEXIS 446 (N.C. 1959).

Pincite

106 S.E.2d 474 (Britt v. BAPTIST CHILDREN'S HOMES OF NORTH CAROLINA, INC.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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