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Cartwright v. First Baptist Church of Keysville, Inc.

Res judicata barred the plaintiff's suit seeking title to real property, even though the plaintiff's interest had not vested at the time of the prior action.

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Maggie C. Cartwright sued First Baptist Church of Keysville, Inc. “the Church”1 , seeking title to two tracts of real property occupied by the Church under theories of implied and express trust. Following a trial, a jury rendered a verdict in favor of Cartwright, but based on evidence of a prior quia timet action vesting fee simple title in the Church, the trial court granted the Church a judgment notwithstanding the verdict “jnov”. Cartwright filed this appeal contending that the prior action did not have a res judicata effect on this proceeding. Finding no error, we affirm.

The record shows that prior to 1907, the disputed property was owned by Cartwright’s grandfather, Robert Cheatham, who was the pastor of the Church, which began operating on the property. Cheatham allegedly gave or sold part of his parcel to the Church, but after his death, a question arose as to whether the deed, which had become lost, was properly recorded. So in 1976, Cartwright, as Cheatham’s heir, executed a deed conveying a fee simple interest in favor of the Church, and she was told that if the Church stopped operating on that property, the land would revert back to her family. Thereafter, in 1993, Cartwright again executed a deed conveying to the Church a fee simple interest in additional property along the boundary of her property to accommodate a Church annex. She made this transfer with the same understanding that the property would revert to her should the property no longer be used by the Church.

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