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COLLINS v. SIMMS

No. 30.

125 S.E.2d 298 (1962)

257 N.C. 1

Marshall C. COLLINS, Edwin Moore, Haywood Wise, George Midgett, Alfonzo Scarborough and Dave Alexander, Deacons of the Haven Creek Baptist Church, Manteo, North Carolina, Acting as Trustees Holding Title to the Property of the Church, and Marshall C. Collins, Edwin Moore, Haywood Wise, George Midgett, Alfonzo Scarborough and Dave Alexander, Individually for themselves as Members of said Church and for such other members of such Church as may make themselves parties to this action, v. Reverend J. C. SIMMS.

Supreme Court of North Carolina.

May 2, 1962.

Attorney(s) appearing for the Case

Frank B. Aycock, Jr., Elizabeth City, for plaintiffs.

James R. Walker, Jr., Weldon, Robert L. Harrell, Sr., Ahoskie, and Samuel S. Mitchell, Raleigh, for defendant.

MOORE, Justice.

This case was here on appeal at the Spring Term 1961. In an opinion delivered by Parker, J., the factual background, pleadings, and proceedings had prior to that appeal are clearly and concisely stated. Collins v. Simms, 254 N.C. 148, 118 S.E.2d 402. We repeat them here in brief outline only as a background for a discussion of subsequent developments. For a fuller and more complete...

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