Legal Opinion

Floyd S. Pike Electrical Contractor, Inc. v. Goodwill Missionary Baptist Church

Court of Appeals of North Carolina

Decided May 7, 1975No. 7517SC40PublishedCited by 1 opinion

1Opinion of the Court

BRITT, Judge.

By their sole assignment of error, defendants contend the trial judge erred in denying their motion for an injunction, arguing that church property is exempt from execution. We find no merit in the assignment.

Defendants base their argument primarily on Chapter 61 of the General Statutes and particularly on G.S. 61-3 and G.S. 61-6 which provide (in pertinent part as to 61-3) as follows:

§ 61-3. Title to lands vested in trustees, or in societies. —All glebes, lands and tenements, heretofore purchased, given, or devised for the support of any particular ministry, or mode of worship,…

2Cases cited5 opinions

  1. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
  2. Rector of Church of Nativity v. FlemingNew York Court of Appeals · 1941
  3. Fishel & Taylor v. GRIFTON UNITED METH. CHURCHCourt of Appeals of North Carolina · 1974
  4. Rector, Churchwardens & Vestrymen of Church of Nativity v. FlemingAppellate Division of the Supreme Court of the State of New York · 1940
  5. Rector, Churchwardens & Vestrymen of the Church of the Nativity v. FlemingNew York Supreme Court · 1940

3Cited by1 opinion

  1. State v. RotenberryCourt of Appeals of North Carolina · 1981

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