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SCOTT v. BOARD OF MISSIONS N. C. ANNUAL CONFERENCE, ETC.

No. 107.

114 S.E.2d 74 (1960)

252 N.C. 443

P. M. SCOTT, W. H. Perkins and Ocean Forest, Inc., a corporation of South Carolina, on behalf of themselves and all other owners of lots, except the Eastern Carolina Yacht Club, in the subdivision known as Miles Away located near New Bern, North Carolina, who may agree to join in and become parties to this action, v. BOARD OF MISSIONS NORTH CAROLINA ANNUAL CONFERENCE, SOUTHEASTERN JURISDICTION OF THE METHODIST CHURCH, INCORPORATED, a North Carolina corporation, and Robert McLean Boyd, Charles T. Barker and Ralph T. Morris, Trustees of the Garber Methodist Church.

Supreme Court of North Carolina.

April 27, 1960.

Attorney(s) appearing for the Case

R. E. Whitehurst, David S. Henderson, New Bern, for plaintiffs.

A. D. Ward, New Bern, for defendants.

DENNY, Justice.

It is clear that the owners of lots in the subdivision under consideration may not build more than one residence on each lot owned, but there is no restriction limiting the use of the property for residential purposes only, or prohibiting the building of a residence or other building on more than one lot.

In the case of Charlotte Consol. Construction Co. v. Cobb, 195 N.C. 690, 143 S.E. 522, 523, the question for decision was whether a building...

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