Gilchrist v. . Middleton

Avery, J.:

This was a petition to rehear the case argued at the February Term, 1890 (107 N. C., 663.). The application to rehear was allowed only as to the holding of the Court that the grant to McFarland in 1847, under an entry made in 1801, was void upon its face, and as to such exceptions as were not considered by the Court by reason of the ruling that the grant mentioned could be collaterally attacked on that ground.

The plaintiff offered a grant to Duncan McFarland dated January 13th, 1847, issued on an entry dated July 4th, 1801. The defendant offered a grant to Duncan McLaurin dated…