Legal Opinion

Frazier v. Gibson.

Supreme Court of North Carolina

Decided December 12, 1905PublishedCited by 7 opinions

Action by W. W. Frazier against Franklin Gibson and others, beard by Judge G. S. Ferguson and a jury, at the July Term, 1905, of the Superior Court of SwaiN.. From a judgment for the defendants, the plaintiff appealed.

1Opinion of the CourtConnor, J.

This action was disposed of by His Honor below upon a demurrer ore tenus to the complaint which disclosed the following facts: On December 11, 1879, defendant J. D. S. McMahan entered in the office of the entry taker of Swain County, 640 acres of land on the waters of Ocona Lufty Eiver in said county, said entry being No. 826; he filed his bonds for the purchase money on the 20th day of February, 1880, and paid same on the first day of December, 1884, obtaining grant numbered 7,294, on August 17, 1885.

On March 15, 1880, one S. Everett, without notice of the McMahan entry, entered in the entry…

2Cases cited5 opinions

  1. Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
  2. Newton v. BrownSupreme Court of North Carolina · 1904
  3. Hall v. . HollifieldSupreme Court of North Carolina · 1877
  4. Ritchie v. Fowler.Supreme Court of North Carolina · 1903
  5. Kimsey v. . MundaySupreme Court of North Carolina · 1893

3Cited by7 opinions

  1. Anderson v. . MeadowsSupreme Court of North Carolina · 1912
  2. Phillips v. Buchanan Lumber Co.Supreme Court of North Carolina · 1909
  3. Hall v. City of FayettevilleSupreme Court of North Carolina · 1958
  4. Westfelt v. . AdamsSupreme Court of North Carolina · 1912
  5. Frazier v. Eastern Band of Cherokee IndiansSupreme Court of North Carolina · 1907

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