Wilson County Superior Court 2nd. Dist. Index-Pages 1 to 9 Petition " 10 & 11 Judgment " 12 Appeal Bond Filed May 3, 1917 in Supreme Court North Carolina ________________________________ NORTH CAROLINA ) IN THE SUPERIOR COURT WILSON COUNTY ) P. D. GOLD, J. W. THORNE ) J. A. STEPHENSON AND F. J. ) ROBERTS, TRUSTEES OF THE ) PRIMITIVE BAPTIST CHURCH AT ) WILSON, NORTH CAROLINA ) CONTROVERSY WITHOUT ACTION. VS. U. H. COZART, J. C. EAGLES ) AND W. G. CARR. ) TO THE HONORABLE, THE SUPERIOR COURT OF WILSON COUNTY: P. D. GOLD, J. W. THORNE, J. A. STEPHENSON AND F. J. ROBERTS, TRUSTEES of the Primitive Baptist Church at Wilson and W. H. COZART, J. C. EAGLES AND W. G. CARR, being parties to a question in difference, which might be the subject of a civil action, present a submission of the same to the Court for its decision as follows: All parties hereto are residents of Wilson County, State of North Carolina, and the parties plaintiff, P. D. Gold, J. W. Thorne, J. A. Stephenson and F. J. Roberts are the Trustees, properly and duly elected as such, of the Primitive Baptist Church at Wilson, North Carolina, a religious organization having and maintaining a place of worship in the Town of Wilson, North Carolina; That at a conference of the said Church, the Primitive Baptist Church at Wilson, duly and regularly held on the 24th. day of February, 1917, adopted a resolution authorizing, empowering and directing the Trustees of the said Church at Wilson to execute deeds to the SIX lots, into which the church lot of the said Church had been divided, to the purchasers, upon the compliance with certain terms of sale as required; That the Primitive Baptist Church at Wilson on or about the 29th. day of December, 1802, entered into the possession of a certain lot of land which is now in Wilson, North Carolina, Wilson County, and erected thereon a house which was subsequently used as a place of worship for the members of the said Church, and such other persons as might elect to attend the religious services held in the said Church; that the said church house was built upon the said lot consisting of one acre, more or less, which said church house was used by the Primitive Baptist Church at Wilson continuously thereafter for about FIFTY years, when, the said Church either having been destroyed by fire or being then too small to accommodate the membership of the said Church, another building was erected on the said lot by the Primitive Baptist Church at Wilson, which said building has been continuously used, until the present time, for a house in which the members of the said Church might assemble for religious worship, and to which all other people were invited by the said members to go for the purpose of religious worship; That on the 29th. day of December, 1802, a paper writing was recorded in the Office of the Register of Deeds of Edgecombe County (The lot of land on which the said Church was erected being at that time in the County of Edgecombe) the said paper writing was in words and figures as follows: "This indenture given the 29th. of December 1802 between John Dew, Arthur Dew, William Dew, Benj. Farmer, Barnes Simms and Jesse Barnes, all of the County of Edgecombe, State of North Carolina, for the utility and good will we have toward religious worship and the convenience of the neighborhood and the public at large as far as religious worship extends, particularly the Baptist Society, that they should have their meeting at their appointed times without being interrupted by any other Society, but at all other times that any traveling preaching of any other charity or other preacher in the neighborhood may preach at any other time; that we, John Dew, Arthur Dew, William Dew, Benj. Farmer, Barnes Simms and Jesse Barnes of the County and State aforesaid, do give, grant to the above Church above aforesaid, one acre of land lying and being in the County aforesaid on the public road from Tarboro to Smithfield, beginning at a small pine near the road; thence southeast along a line of a marked tree to the corner pine; thence southwest to a corner Hickory; thence to a pine near the road to the beginning. TO HAVE AND TO HOLD the within mentioned uses and behoof me the said John Dew, Arthur Dew, William Dew, Benj. Farmer, Barnes Simms and Jesse Barnes, we and each of us do bind ourselves, our executors, administrators and assigns firmly by these presents, have given, granted and conveyed to and for the within mentioned interests we and each of us do freely and absolutely given, granted and conveyed the within mentioned acre free from all rights, title or claims whatsoever, and each of do warrant and defend the within mentioned acre of land. Witness whereof we have hereunto set our hands and seals the day and date within mentioned. John Dew (Seal) his marke Arthur Dew (Seal) Dempsey (X) Barnes Sim. Benj. Farmer (Seal) Barnes Simms (Seal) Wm. Dew (Seal) Jesse Barnes (Seal) Edgecombe County February Court 1804 The within deed of gift was duly exhibited in open court and ordered to be records. E. Hall. C. C. The said paper writing was recorded in Book #11, at Page #115. That the lot of land referred to in the said paper writing above set out is the very lot of land now in the possession and claimed by the Primitive Baptist Church at Wilson. That the Primitive Baptist Church at Wilson, and its members, have been in the quiet, peaceable, undisturbed and unquestioned possession of the said lot of land for more than one hundred years. That during the year 1902 at a certain Term of the Superior court of Wilson County a controversy without action, in which P. D. Gold, C. W. Gold, Jno. J. Hales, J. W. Thorne, Trustees of the Primitive Baptist Church at Wilson vs. Warren Woodard, William Woodard, A. P. Branch, Joshua B. Farmer and Moses Dew, was submitted to the Court for its decision; that the said controversy without action so submitted to the Superior Court of Wilson County was in the following words, except that a copy of the deed referred to in the controversy is not included herein, it being the same deed set forth in full above. NORTH CAROLINA ) IN THE SUPERIOR COURT WILSON COUNTY ) P. D. GOLD, C. W. GOLD, JNO. J. ) HALES, J. W. THORNE, TRUSTEES ) OF THE PRIMITIVE BAPTIST CHURCH AT ) WILSON, N. C. ) VS. ) WARRAN WOODARD, WM. WOODARD, A. P. ) BRANCH, JOSHUA B. FARMER AND MOSES DEW. ) The parties above named desire to submit to the Court a controversy without action, and respectfully ask its decision thereupon, pursuant to the provisions of Section 567 of the Code, upon the facts herein set forth and agreed upon: That on the 29th. day of February 1802, John Dew, Arthur Dew, William Dew, Benj. Farmer, Barnes Simms and Jesse Barnes made and delivered a deed of conveyance, a copy of which is hereto attached and made a part of this case, whereby they conveyed to the grantees therein the lot or parcel of land, lying and being in the town of Wilson, State and County aforesaid, on Tarboro Street adjoining the lands of W. H. Morris and B. A. Howard, on the East, B. A. Howard and the Center Brick Warehouse property on the south, the Center Brick Warehouse property on the west, containing about one acre; that said deed was duly admitted to probate at February Term, 1804 of the Court of Pleas and Quarter Sessions of Edgecombe county, and duly recorded in Book No. 11, at Page 115 in the Office of the Register of Deeds of Edgecombe County; that a short time after the execution of the said deed the members and officers of the Baptist Church duly organized and established church upon said land and erected a building thereon pursuant to the order and polity and for the purpose of preaching and teaching the Gospel, in accordance with the rule of faith and conduct of the said Baptist Church; that they and their successors continued so to do, being in the open, exclusive, continuous and adverse possession of said property and used the same for the purpose aforesaid, until the year 1859, when the members and officers of said Church, at their own cost and expense, erected a new house of worship, or church, upon said land, and have at all times since said time used, occupied and enjoyed, without let, hindrance or molestation, claim or demand of any person to interfere therewith or to preach in said building, or upon said property; that the Toisnot Church is and has at all times been a duly organized religious society, and is entitled to all the rights and privileges and to exercise all of the powers conferred upon religious society by Chapter 54 of the Code of North Carolina; that the plaintiffs are the Trustees of said Church; that the defendants are the heirs-at-law of the several granters, to wit: the defendant Warren Woodard is one of the heirs at law of Barnes Simm; A. P. Branch of Jesse Barnes; Joshua B. Farmer of Benj. Farmer; Moses Dew of John Dew and others; that the other heirs at law of the said grantors are very numerous; that their names and residences are unknown and cannot, by any reasonable diligence, be found; that, by reason of the building of houses, stores, stables and other structures immediately surrounding said property, and the noises, confusions, disturbances incident thereto, the members and officers of the said Toisnot Church desire to sell the property, and convey the same for the purpose of investing the proceeds in another lot and building, to be conveyed to said Trustees for the use and benefit of members and officers of said Church; that the plaintiffs and defendants desire to have the title of said property quieted and all cloud removed therefrom, pursuant to the provisions of Chapter 6, of the Public Laws of 1893; And to this end, they respectfully submit to the decision of the Court, the following questions: 1. Whether, by the terms and provisions of said deed, the title of the said real estate is vested in the plaintiff Trustees? 2. Whether or not the members and officers of said Church and their Trustees have, by a continuous, exclusive and adverse possession thereof since the date of said deed to the exclusion of all other persons and of all other purposes than to worship and the (to) preach the Gospel, according to the faith and order of the said Baptist Church, acquired title to said land and have the right to convey the same? 3. Whether if the court shall be of opinion that the members and officers of said Church and their Trustees hold the title to said lands by either of the aforesaid means, they may, for the purpose of reinvesting the proceeds thereof in other property to be held upon like trust, convey a good and indefeasible title thereto, pursuant to the provisions of Chapter 54 of the Code? And they respectfully ask the Court upon the foregoing facts, submitted without controversy, to adjudge the rights of the parties thereto in the premises and to render such judgment as in the opinion of the Court will be in accordance with law, etc. H. G. Connor, & son. Thereupon a judgment was entered by His Honor, Francis D. Winston, Judge Presiding, which judgment was as follows: NORTH CAROLINA--WILSON COUNTY--IN THE SUPERIOR COURT P. D. GOLD, C. W. GOLD, ET ALS. VS. WARRANE WOODARD, AND OTHERS. The above entitled controversy without action, having been duly submitted to the Court, upon the facts therein set out, and the same having been duly considered by the Court, and the Court being of the opinion:- 1. That no grantee being named or mentioned in the deed referred to in the said statement of facts, a copy whereof is attached hereto; and the Trustees trusts therein set forth being indefinite and uncertain, are incapable of being executed and endorsed by the Court; that no title passed to or vested in any person or persons either for their own use or in trust, or any other use or purpose, and that no title vested in plaintiff Trustees by said deed. The Court being further of the opinion that it appearing by the statement of facts therein that the members and officers and their Board of Trustees of the Primitive Baptist Church at Wilson have been in the open, exclusive, continuous and adverse possession of said land, to the exclusion of all other persons and of all other purposes save and except to worship and preach the Gospel in the house or church thereupon erected, and to use the said land for the meeting, assembling and passing to and from the said church for more than thirty years; that said members and officers and their Board of Trustees, by such adverse possession, have acquired title to said land, and that they are lawfully seized and possessed thereof, by virtue of and pursuant to the Statutes of Limitation in such cases made and provided. The Court being further of the opinion that pursuant to the provisions of Chapter #54 of the Code, entitled "Religious Society" and by virtue of the authority vested in said Church and its Trustees, and by virtue of the jurisdiction of Courts of Equity in advising and directing and controlling trusts and Trustees, the members and officers of said Church, through its Trustees, acting in accordance with the mode of government of said Church, are authorized and empowered to sell the said real estate and to make, execute and deliver a good and sufficient deed therefor to the purchaser and to invest the proceeds of said property in the purchase of other land, either having thereupon house of worship, or of erecting a suitable house of worship for the purposes and uses set out in said statement of facts. IT IS CONSIDERED, ORDERED AND ADJUDGED that the statement of facts herein and that this judgment be recorded on the minutes of this Court and this judgment be docketed, as provided by Section 569 of the Code, and that the plaintiffs pay the costs herein. FRANCIS D. WINSTON, JUDGE PRESIDING. The Trustees of the Primitive Baptist Church at Wilson, pursuant to the resolution adopted by the conference of the said Church on the 24th. day of February, 1917, entered into a contract with U. H. Cozart, J. C. Eagles and W. G. Carr, by the terms of which the Trustees agreed to sell and convey a certain part of the church lot designated as Lot #6 in the subdivision of the said lot, and the said U. H. Cozart, J. C. Eagles and W. G. Carr agreed to and with the said Trustees, upon the tender of a good and sufficient deed, with the usual covenants of warranty, to pay unto the said Trustees the price agreed for the said lot of land, to-wit: the sum of FOUR THOUSAND THREE HUNDRED SIX DOLLARS AND SIXTY-FOUR ($4,306.64) CENTS. This contract was in writing signed by all of the parties and was in the usual form. And thereafter, on the first day of March 1917, the Trustees of the Primitive Baptist Church at Wilson, pursuant to the terms of the said contract, executed and tendered to the said U. H. Cozart, J. C. Eagles and W. G. Carr a deed of conveyance, containing the usual covenants of warranty, for the said lot and demanded the payment of the agreed purchase price therefor, as set forth in the said contract. The said deed was in the usual and regular form of warranty deeds generally used in this state. That the said U. H. Cozart, J. C. Eagles and W. G. Carr, upon tender of said deed, declined to accept the same and pay the purchase price as agreed upon, assigning as the real reason for their refusal to accept the said deed and pay the said purchase price the fact that the Primitive Baptist Church at Wilson had no such title to the lot of land embraced in the contract and deed as could, by the said Trustees be conveyed in fee simple. The Primitive Baptist Church at Wilson, through its members and Trustees and their several successors, have been in the quiet, peaceable, undisturbed, open, exclusive, adverse and notorious possession of the said one acre of land under known and visible boundaries since the execution of the instrument of date of December 29th. 1802. The church referred to in the controversy without action, submitted to the Superior Court of Wilson County in 1902, as the Toisnot Church is now the Primitive Baptist Church at Wilson. There was never an organization in that part of Edgecombe County afterwards incorporated in the County of Wilson known as the Baptist Society. That the Toisnot Church, in recent years known as the Primitive Baptist Church at Wilson, was an organized religious body in Edgecombe County at what is now Wilson in 1765, when, with other churches, it formed the Kehukee Association; that this church has never been known nor recognized as the "Baptist Society". That in their polity Primitive Baptist Churches are congregational, that is, in matters of church government, rules of faith and practice, internal organization and in all other matters touching or affecting the body as a religious organization, the individual church is supreme, there being no higher religious body or institution claiming to possess, or recognized by Primitive Baptists as possessing, any authority whatsoever over the several churches. The Primitive Baptist Associations are now, and always have been, loose aggregations of churches, voluntarily associating with other churches in the same section of the country, but exercising and possessing most ecclesiastical authority over the several churches thus associated. The parties hereto respectfully request the Court, by its judgment, to say whether the Primitive Baptist Church at Wilson, acting through its properly constituted Board of Trustees, and pursuant to resolution of the conference on the 24th day of February, 1917, can convey to the said U. H. Cozart, J. C. Eagles and W. G. Carr a good and indefeasible title in fee simple to the lot of land embraced in the contract entered into between the parties. A decision of this question will settle the controversy between the parties, since the defendants are ready, able and willing to comply with their contract, to accept the deed and pay the purchase price, if, as a matter of law, the Trustees can make the title. F. S. Hassell ATTORNEY FOR PLAINTIFFS. W. A. Lucas ATTORNEY FOR DEFENDANTS. F. J. Roberts and J. C. Eagles , each being duly sworn, each for himself states: That this controversy is real and the proceedings in good faith to determine the rights of the parties. C. T. Harriss (SEAL) Notary Public. F. J. Roberts My commission expires October 28/1917 J. C. Eagles By consent, this controversy without action is submitted to Hon. Geo. W. Connor, Resident Judge of the Second Judicial District, out of term. F. S. Hassell ATTY. FOR PLAINTIFFS. W. A. Lucas ATTY. FOR DEFENDANTS. ________________________________ NORTH CAROLINA ) IN THE SUPERIOR COURT WILSON COUNTY ) P. D. GOLD, ET ALS ) VS. ) J-U-D-G-M-E-N-T. U. H. COZART, ET ALS. ) This controversy without action having been submitted to the Resident Judge of the Second Judicial District by agreement of counsel representing plaintiffs and defendants, and it appearing to the Court from the controversy submitted that prior to 1802 there was an association of persons in that part of Edgecombe County now known as Wilson who had associated themselves together for the purpose of religious worship and had denominated their organization the Toisnot Church; that about the year 1802 a paper writing was executed by John Dew, Benj. Farmer and others, as set out in the controversy without action, which paper writing purported to be a conveyance on one acre of land, now in the Town of Wilson, to the Baptist Society at Wilson for the purposes of religious worship; that in 1802 there was no such organization as the Baptist Society, and that the persons associating themselves together as the Toisnot Church entered into the possession of the said one acre of land about 1802 and have, through their several successors and their several Boards of Trustees, continuously held the said one acre of land for more than one hundred years, adversely to the claims of all other persons, under known and visible boundaries, and have for more than one hundred years maintained on the said lot of land a house used for meeting purposes and for the purposes of religious worship; That the Toisnot Church, above referred to, in recent years has been known as the Primitive Baptist Church at Wilson; that the parties plaintiff hereto constitute the Board of Trustees, duly constituted, of the Primitive Baptist Church of Wilson, and as such Trustees entered into the contract, referred to in the controversy without action, with the defendants for the sale of a part of the said church lot; That by the polity of churches of the Primitive Baptist faith and order the individual church is now and has always been supreme in all matters touching or affecting the body as a religious organization, there being no higher religious body or institution among the Primitive Baptist faith and order possessing any authority whatsoever over the individual churches; that there is not now and never has been any general organization possessing authority superior to the individual churches in North Carolina and know as the "Baptist Society"; And the Court being of the opinion that the instrument of date of December 29th. 1802, is of no affect for the reason that no grantee is named therein, and that the trusts suggested in the said paper writing are so vague, indefinite and uncertain as to be incapable of construction, and the Court being further of the opinion that the Primitive Baptist Church at Wilson, through its several members and their successors have by adverse possession of said lot for more than one hundred years acquired title to the said property (marked through: by adverse possession under known and viable boundaries): IT IS NOW BY THE COURT ORDERED, CONSIDERED AND DECREED that the Primitive Baptist at Wilson, acting under the authority of the conference of the said Church, can make an indefeasible title to all or any part of the said one acre of land to the purchaser thereof. Geo. W. Connor RESIDENT JUDGE OF THE SECOND JUDICIAL DISTRICT. ________________________________ To the foregoing judgment, the defendants except and appeal to the Supreme Court of North Carolina. Notice of appeal waived. It is adjudged that an appeal bond of TWENTY-FIVE ($25.00) DOLLARS is sufficient. The controversy without action and this judgment will constitute the base on appeal to the Supreme Court. Geo. W. Connor JUDGE OF THE SECOND JUDICIAL DISTRICT. _________________________________ North Carolina ) In the Superior Court Wilson County ) P. D. Gold et als ) vs ) Appeal Bond for Costs. U. H. Cozart, et al ) Whereas, on the 26th. day of April, 1917, a judgment was rendered in this action by His Honor, George W. Connor, Resident Judge of the Second Judicial District; and whereas, the appellants entered to appeal from said judgment to the Supreme Court: Now, therefore, we, U. H. Cozart, J. C. Eagles and E. D. Barnes, of the County of Wilson, State of North Carolina, undertake, pursuant to the Statute, that the said appellants will pay all costs which may be awarded against the said appellants on such appeal not exceeding Twenty-five ($25.00) Dollars. This the 1st. day of May, 1917. (Signed) U. H. Cozart (Seal) J. C. Eagles (Seal) E. D. Barnes (Seal) U. H. Cozart being duly sworn says that he is a resident and freeholder of the County of Wilson, North Carolina, and is worth $25, over and above his liabilities and exemptions. Sworn to before me May 1st. 1917 J. D. Bardin Clerk Superior Court North Carolina ) Wilson County ) I, J. D. Bardin, clerk Superior Court of Wilson County, do hereby certify that the foregoing is a full, true and perfect transcript of the record of a controversy without action pending in said Court between P. D. Gold and others, trustees, Plaintiffs, and U. H. Cozart & others, Defendants. In testimony whereof witness my hand and official seal This the 2nd. day of May, 1917. J. D. Bardin Clerk Superior Court ________________________________ WILLIAM A. LUCAS Attorney and Counsellor at Law Fidelity Mutual Building WILSON, N. C. May 8th. 1917 Mr. J. F. Seawell, Clerk, Raleigh, N. C. Dear Sir: I have written to the Commercial Printing Company to call on you for transcript in the case of P. D. Gold and others vs. U. H. Cozart and others, so that it might be printed. Please have this record printed by the Commercial Printing Company. Yours very truly, WAL/mb W. A. Lucas ________________________________ NORTH CAROLINA) IN THE SUPREME COURT NO. 72 WILSON COUNTY ) SECOND DISTRICT. P. D. GOLD, J. W. THORNE, ) J. A. STEPHENSON AND ) F. J. ROBERTS, TRUSTEES OF ) THE PRIMITIVE BAPTIST CHURCH ) AT WILSON, N. C. ) AGREEMENT TO SUBMIT UNDER VS. ) RULE TEN U. H. COZART, J. C. EAGLES ) AND W. G. CARR. ) _____________________________ The undersigned attorneys for the Plaintiffs and Defendants in the above entitled controversy without action hereby agree to submit same on printed briefs under Rule Ten of the Court. This the 12th. day of May, 1917. W. A. Lucas, J. C. Little Attorney for Defendants Appellant F. S. Hassell Attorney for Plaintiffs Appellee Filed May 13, 1917 IN SUPREME COURT NORTH CAROLINA. ________________________________ FRANCIS S. HASSELL ATTORNEY AND COUNSELLOR AT LAW 11O½ NASH STREET WILSON, N.C. MAY FOURTEENTH 1917. Mr. Joseph L. Seawell, Clerk of Supreme Court, Raleigh, N. C. Dear Sir: I herewith enclose Agreement to submit on printed briefs under Rule Ten the case of P. D. Gold and others against U. H. Cozart and others. Yours very truly, FSH/JAP F. S. Hassell. FILED MAY 13, 1917 IN SUPREME COURT NORTH CAROLINA ________________________________ FRANCIS S. HASSELL ATTORNEY AND COUNSELLOR AT LAW 110½ NASH STREET WILSON, N. C. May 17th., 1917. Hon. Joseph L. Seawell, Clerk Supreme Court. Raleigh, N. C. Dear Sir: I herewith enclose copy of my brief in the Controversy Without Action, from Wilson, entitled Gold et als. vs. Cozart et als, being No. 72 from this, the Second District. Please have Commercial Printing Company to print this brief for me without delay, filing the necessary copies in your office, and forward three copies to me, together with bill for same. I am very anxious for this brief to be filed in time for consideration by the Court before adjournment for the term. Yours very truly, FSH/JAP F. S. Hassell. Cy. to Commercial Printing Co., Raleigh, N. C. I sent you several days ago signed agreement to submit under Rule 10. F. S. H. ________________________________ NORTH CAROLINA SUPREME COURT. SPRING TERM 1917, # 72, Wilson. P. D. Gold et al, Trustees of the Primitive Baptist Church of Wilson v. U. H. Cozart et als. Appeal by Defendants from Connor J. at Chambers in Wilson County. F. S. Hassell for Plaintiffs. W. A. Lucas and J. C. Little for Defendants. Clark, C. J. This was a controversy submitted without action. I appears from the facts agreed, and it is recited in the judgment of the Court, that about the year 1802, a paper writing was executed by John Dew and 5 others, which purported to be a conveyance of one acre of land, now within the limits of the town of Wilson, to the Baptist Society for the purpose of religious worship; that at that time there was no such organization as the Baptist Society but that certain persons associating themselves together as a Baptist congregation entered into possession of said one acre of land about 1802, and have used the premises for religious worship continuously ever since, adversely to the claims of all other persons, under known and visible boundaries and have for more than 100 years maintained on said lot of land a church for religious worship and used it for that purpose; that said church originally known as the Toisnot Church has been for many years known as the Primitive Baptist Church of Wilson; and the plaintiffs herein constitute the Board of Trustees, duly elected, of said Baptist Church and as such trustees and in consequence of Resolutions of the congregation entered into the contract to sell a part of the said lot of land to the defendants, who now decline to accept the deed and pay the purchase price upon the ground that the plaintiffs can not execute an indefeasible title to the same. It is further found by the case agreed and by the judgment by the Court that under the polity of the Primitive Baptist Church the congregation of each Church is supreme in all matters affecting their religious organization, their system being known as congregational, there being no higher ecclesiastical authority having control or supervision over the action of each congregation. The Court below being of opinion that the instrument of December 1802 is of no effect because no grantee was named therein and that the Trusts suggested are too vague, indefinite, and uncertain to be capable of construction but being further of opinion that the congregation styling itself the Primitive Baptist Church at Wilson thru its members and their successors have by adverse possession of said lot for more than 100 years acquired title to the said property, held that the Trustees of the Primitive Baptist Church of Wilson acting under the authority of the Conference of the said congregation can make an indefeasible title and decreed specific performance of said contract. If we should concur in the view held by the learned Judge that the paper of 1802 was invalid for the reasons he gave, we are of opinion, however, that inasmuch as a congregation styling themselves the Primitive Baptist Church entered into possession of said property for religious worship and have in succession built two churches upon said premises and have continuously occupied said property for religious worship for more than 100 years adversely to all the world said congregation has acquired a valid and indefeasible title to said property and can make a valid title to the same in accordance with the contract between the Trustees of said Church (by virtue of a resolution of said congregation) and the defendants. Rev. 2672, which dates back to Laws 1776 ch. 107 and 1796 ch. 457 sec. 4 provides that all lands and donations of any kind of property conveyed or devised to any church or religious denomination, religious society of congregation, shall be deemed and held to be absolutely vested, as between the parties thereto, in the trustees of said churches and congregations for their several use, and if there are no trustees then in the church or congregation, and Rev.2673 provides that the trustees of any religious body can sell or convey any property owned by such body when directed to do so by said church or congregation. Rev. 2670 and 2671 authorize such religious body to appoint and remove trustees. We are of opinion that the trustees can execute title thereto. The distinction between the congregational system of church government, under which each congregation is independent, and the connectional system in which each congregation is a constituent part of a larger association, was pointed out and discussed in Simmons v. Allison 118 N. C. pps. 770, 771. It may be well that the paper writing of 1802 which conveyed the property from John Dew and 5 others for use for religious worship, particularly the Baptist Society, but with liberty to traveling preachers of any other order or sect, might have been valid. Keith v. Scales 124 N. C. at p. 510 and cases there cited, especially as there was evidence showing that there was at that time a Primitive Baptist Church organization in this State, but however that may be the fact that said grantees and their successors as trustees have continuously used said property for so long a period of time adversely to all the world for the use of the congregation of the Primitive Baptist Church makes a sufficient and complete title, irrespective of the legality or illegality of the paper writing of 1802. The rights of an individual congregation under the congregational system is also discussed in Conference v. Allen 156 N. C. 526; and the connectional system is discussed in Kerr v. Hicks N. C. 154 N. C. 268; Tilley v. Ellis 119 N. C. 242. Affirmed. Source: Supreme Court Case #72. Gold et al v Cozart et al. Also in NORTH CAROLINA REPORTS, Volume 173, page 612. Contributed by Grace Williamson Turner.