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CUMBERLAND PRESBY. CH. v. NORTH RED BANK CUM. P. C.

430 S.W.2d 879 (1968)

The CUMBERLAND PRESBYTERIAN CHURCH, Complainant, Appellant, v. NORTH RED BANK CUMBERLAND PRESBYTERIAN CHURCH, Defendant, Appellee.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied August 19, 1968.

Attorney(s) appearing for the Case

Clarence Kolwyck, Chattanooga, for appellant.

Bean & Phillips, Chattanooga, for appellee.

Certiorari Denied by Supreme Court August 19, 1968.

OPINION

McAMIS, Presiding Judge.

This case involves the title to property conveyed to "Trustees of the North Red Bank Cumberland Presbyterian Church" by deed dated September 17, 1948.

The case turns on whether, in the absence of a controlling provision of the deed or church canon expressly forfeiting title upon withdrawal, a local congregation can withdraw from the parent organization without...

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