Duplin County Board of Education v. Carr
Duplin County Board of Education v. Carr
Opinion of the Court
The one question presented on this appeal is whether the plaintiff Duplin County Board of Education now owns the property in controversy in fee simple or whether title thereto reverted to the Eastern Baptist Association of North Carolina, its successors or assigns, when the Board of Education abandoned the property for school purposes.
Plaintiff contends that the Board of Education became vested with the fee simple absolute title to the property in controversy by the deed dated 18 September 1906 from H. L. Stevens and others. Plaintiff argues:
“The fee or whole interest having been conveyed in the premises to the Board of Education of Duplin County, but attempted to be limited in the habendum clause to the Eastern Association, one is repugnant to the other and the latter becomes void. Blackwell v. Blackwell, 124 N.C. 269.”
This principle of law has no application under the facts of this case. In Lackey v. Board of Education, 258 N.C. 460, 128 S.E. 2d 806 (1963), Chief Justice Denny wrote:
“In the interpretation of a deed, the intention of the grantor or grantors must be gathered from the whole instrument and every part thereof given effect, unless it contains conflicting provisions which are irreconcilable or a provision which is contrary to public policy or runs counter to some rule of law.”
We agree with the ruling of the trial judge that when the plaintiff Board of Education abandoned the use of the property for school purposes by the resolution adopted 17 April 1972, title to the property in controversy automatically reverted to the First Baptist Church of Warsaw, the assignee of the Eastern Baptist Association of North Carolina.
The judgment appealed from is affirmed.
Affirmed.
Reference
- Full Case Name
- DUPLIN COUNTY BOARD OF EDUCATION v. BLAND CARR, MACK HERRING and W. G. BRITT, Trustees of the Eastern Baptist Association of North Carolina FRANK STEED, H. C. ALLEN and D. HUGH CARLTON, Trustees of the First Baptist Church of Warsaw, North Carolina
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- 1 case
- Status
- Published