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CITY OF CHARLOTTE v. CHARLOTTE PARK & REC. COM'N

No. 64.

178 S.E.2d 601 (1971)

CITY OF CHARLOTTE, a Municipal Corporation, v. The CHARLOTTE PARK AND RECREATION COMMISSION, Maude Stewart Haywood, Piedmont Realty Company, its successors and assigns, and Abbott Realty Company, its successors and assigns, Charlotte Kelly and Luther Kelly.

Supreme Court of North Carolina.

January 29, 1971.

Attorney(s) appearing for the Case

W. A. Watts, Charlotte, for plaintiff appellant.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, by Joseph W. Grier, Jr., and James Y. Preston, Charlotte, for defendant appellee.

LAKE, Justice.

The deed from Piedmont Realty Company conveyed to the City of Charlotte a fee simple determinable estate, sometimes called a base or qualified fee, in the land here in question. Charlotte Park and Recreation Commission v. Barringer, 242 N.C. 311, 88 S.E.2d 114, cert. den., 350 U.S. 983, 76 S.Ct. 469, 100 L.Ed. 851; Elmore v. Austin, 232 N.C. 13,

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