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FIRE BAPTIZED HOLINESS CHURCH v. McSWAIN

No. COA98-694.

518 S.E.2d 558 (1999)

FIRE BAPTIZED HOLINESS CHURCH OF GOD OF THE AMERICAS, INC., Plaintiff, v. Carl McSWAIN, Virginia McDowell, Thelma Chambers, Jeffrey Ross, and Jackie Williams, Trustees of Fire Baptized Holiness Church of God of the Americas, a/k/a Mt. Sinai Baptist Church, a/k/a Westside Praise and Worship Center; and Fire Baptized Holiness Church of God of the Americas, Mt. Sinai Church, a/k/a Mt. Sinai Baptist Church, a/k/a Westside Praise and Worship Center, Defendants.

Court of Appeals of North Carolina.

September 7, 1999.

Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore, L.L.P., by Matthew M. Sawchak and Mary M. Dillon, Raleigh, for plaintiff-appellant.

Ali Paksoy, Jr., and Brenda S. McLain, Shelby, for defendant-appellees.

LEWIS, Judge.

Plaintiff Fire Baptized Holiness Church of God of the Americas, Inc. ("the denomination") filed a complaint on 20 March 1996 against defendants ("the Shelby church"), seeking a declaration that it was the fee simple owner of property then in possession of the Shelby church. In its answer and counterclaim, the Shelby church asked the trial court to declare the newly formed Westside Praise and Worship Center the fee simple owner of the property.

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