City of Greensboro v. Simpson

Clarkson, J. On 19 October, 1854, Jed. TL Lindsay, of Guilford County, N. C., made a deed for tbe land in controversy, for tbe consideration, expressed in tbe deed, of $37.50, to James Sloan, Andrew Weatherby, and Jed. H. Lindsay, school committee for Common School District No. 38 of Guilford County “and their successors in office.” Tbe deed was duly acknowledged and recorded in Book 36, p. 197, register of deeds office for Guilford County. The land in controversy has been used, up to the present time, for school purposes, and was used in connection with the graded-scbool system of the city of Greensboro. The land in controversy and another piece the defendants have agreed to purchase from plaintiff for $71,500. The contract entered into between the parties — the city of Greensboro, the plaintiff, and the defendants, trustees of the First Presbyterian Church of Greensboro, N. C. — provides that defendants will pay for the land “if and when the party of the first part can and shall convey a good and indefeasible estate to said lands in fee, free and clear of all encumbrances, and with the usual covenants of warranty, seizin, etc., to the parties of the second part and their successors in office for. said church.” Tbe General Assembly of North Carolina (Extra Session), by act ratified 19 August, 1924, entitled “An act to fix tbe title to certain school property in tbe city of Greensboro and make provision for tbe sale of tbe same.” This act made provision for tbe sale of tbe lot in controversy and another lot to defendants, and by this act assumed to vest tbe title in tbe city of Greensboro as owner in fee to tbe lot in controversy. Tbe act says, “which property has been held and used for more than fifty years by tbe city of Greensboro and tbe Greensboro School District for school purposes,” . . . “is declared to be now vested in tbe city of Greensboro, and shall, from and after tbe ratification of this act, be vested in and held by tbe ‘city of Greensboro/ as defined in chapter 37 of the Private Laws of North Carolina, Session 1923, as owner thereof in fee.” Section 21 of tbe act of 1923, supra, is as follows: “Tbe territory embraced in tbe old city limits is and shall continue to be and remain an independent school district, under tbe name of tbe ‘Greensboro School District/ and, as such, shall have exclusive control of tbe public free schools in said district. Tbe conduct of said schools shall be vested *742 in a board of seven (7) members, to be elected by the council, as herein provided for, and said board collectively shall be known and designated as the Hoard of Education of Greensboro.’ The members of said board, in order to be eligible to office, shall be residents of said city, and shall be persons of good moral character.” Sections 2, 3,' and 4 of chapter 49, Private Laws, Extra Session 1924, are as follows: “Sec. 2. That the said city of Greensboro is hereby authorized and empowered, through its mayor and city council, to sell privately and convey in fee, for the sum of $71,500, to the trustees of the First Presbyterian Church, and their successors, for the use and benefit of the said church, its-successor or successors and assigns,” the land in controversy (describing it by metes and bounds, and the other lot in the before-mentioned contract, describing it by metes and bounds). “Sec. 3. That any deed to be executed by the city of Greensboro under the provisions of this act shall be sufficient to convey said property in fee if the same shall be signed in the corporate name of said city by its mayor, attested by the city clerk, and sealed with the corporate seal of the city. “Sec. 4. That the said sum of $71,500 to be paid to the city of Greensboro for said land shall be placed by the city treasurer to the credit of the school fund of the Greensboro School District, and shall be used for such public purpose or purposes as the board of education of Greensboro may determine.” We think the Legislature had the power to pass the act of August, 1924, vesting the title to the land in controversy in the city of Greensboro, and giving it the right, power and authority to sell the land to defendants, its successor or successors or assigns. The money obtained by the sale is to be placed to the credit of the school fund of Greensboro School District and be used for such public purpose or purposes as the board of education may determine. The land was sold originally for school purposes; it had been used for fifty years for school purposes. The fund arising from the sale is to be turned over to the proper authorities and used for public purposes, as the board of education of Greensboro may determine, presumably for school purposes. Blue v. Wilmington, 186 N. C., 321; Harris v. Durham, 185 N. C., 572; Torrence v. Charlotte, 163 N. C., 562; Venable v. School Comrs., 149 N. C., 120. From the amended brief filed in this case, and an examination of the statutes, we find that when the original deed was made by Jed. H. Lindsay and others to the school board and their successors in-office, there was no statute in this State that could in any way affect the plain terms of the deed to the land in controversy. The judgment of the court *743 below, we think, is in all respects in accordance with law, and that uponexecution and delivery by plaintiff to the defendants of a fee-simple warranty deed to said lands, defendants will be seized of a good, sure and indefeasible title in fee simple to said lands. It is a matter of public interest to note that on the argument Of this ease it was state'd that on the land in controversy was established one of the first graded schools in the State. The judgment of the court below is Affirmed.