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LUMBEE RIVER CONFERENCE OF H. M. C. v. LOCKLEAR

No. 741.

98 S.E.2d 453 (1957)

246 N.C. 349

LUMBEE RIVER CONFERENCE OF the HOLINESS METHODIST CHURCH, Julian Ransom, Belton Bullard, M. L. Lowry, Trustees, Constituting the Board of Annual Conference Trustees of Lumbee River Conference of the Holiness Methodist Church, J. R. Lowry, as Bishop and Superintendent of Lumbee River Conference of the Holiness Methodist Church, C. W. Oxendine, as Pastor of Union Circuit of Lumbee River Conference of the Holiness Methodist Church, and Bracy Locklear, Tommie Chavis and Russell Oxendine, on behalf of themselves and all other members of Union Chapel Holiness Methodist Church, v. Fuller LOCKLEAR, A. A. Maynor, J. W. Jones, Leonard Jacobs, and A. B. Locklear.

Supreme Court of North Carolina.

June 7, 1957.

Attorney(s) appearing for the Case

Varser, McIntyre, Henry & Hedgpeth, McKinnon & McKinnon, Lumberton, for plaintiffs appellants.

Britt, Campbell & Britt, Lumberton for defendants appellees

DENNY, Justice.

It is not contended that the title to the property on which the Union Chapel Holiness Methodist Church, hereinafter called Union Chapel Church, is located has been put in issue in this case so as to require an adjudication thereof. Simmons v. Allison, 118 N.C. 763, 24 S.E. 716. It is apparent, however, that the defendants' refusal to permit the pastor assigned to the Union Circuit, which is composed of the Union Chapel and New Prospect Churches, to...

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