St. James v. Bagley.
Supreme Court of North Carolina
Controversy without action by Tbe Wardens and Vestry of Saint James’ Parish against Thomas P. Bagley, heard by Judge O. H. Allen at the April Term, 1905, of the Superior Court of New Hanovee County. This is a controversy without action under section 567 of The Code. The plaintiff is a corporation — wardens and vestry of St. James’ Parish — organized and existing under the Laws of North Carolina, with full power to take, hold and dispose of real and personal property.
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Controversy without action by Tbe Wardens and Vestry of Saint James’ Parish against Thomas P. Bagley, heard by Judge O. H. Allen at the April Term, 1905, of the Superior Court of New Hanovee County. This is a controversy without action under section 567 of The Code. The plaintiff is a corporation — wardens and vestry of St. James’ Parish — organized and existing under the Laws of North Carolina, with full power to take, hold and dispose of real and personal property. On March 29, 1867, Dr. A. J. DeRosset and wife, executed and delivered to the plaintiff a deed in words and figures as follows:…
1DissentClark, C. J.
The defendant declines to take the deed and pay $12,000 purchase money, alleging a defect of power in tbe plaintiff to execute a good title. The burden is on the plaintiff to show that it can, and it is not relieved of that burden because this is a “controversy submitted without action.” McKethan v. Ray, 71 N. C., 165.
The conveyance from the late Dr. A. J. DeRosset and *398wife to the plaintiff states that the parties of the first part “for the purpose of aiding in the establishment of a home for Indigent Widows and Orphans, or in the promotion of any other charitable or religious objects to…
2Cases cited5 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Keith v. . ScalesSupreme Court of North Carolina · 1899
- McKethan v. . RaySupreme Court of North Carolina · 1874
- Iredell Ex Rel. Faucett v. BarbeeSupreme Court of North Carolina · 1848
- Finlayson v. . KirbySupreme Court of North Carolina · 1897