Doe Ex Dem. of Melton v. Monday
Supreme Court of North Carolina
Ejectment, for 100 acres of land, tried before Heivry, J., Spring Terra 1869 of Buncombe Court. The plaintiff made title by a grant from the State to one Williams, describing the land, and referring to an entry- of the same by Gabriel Eagsdale. The defendant claimed under an older State-grant, to one Blount.
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Ejectment, for 100 acres of land, tried before Heivry, J., Spring Terra 1869 of Buncombe Court. The plaintiff made title by a grant from the State to one Williams, describing the land, and referring to an entry- of the same by Gabriel Eagsdale. The defendant claimed under an older State-grant, to one Blount. The plaintiff showed that the Blount grant excepted from its operation u 13735 acres of land entered by persons whose names are hereunto annexed,” and among those names was that .of u Gabriel Eagsdale, 100 acres” ; and that this was the entry under which Williams obtained his grant. The…
1Opinion of the CourtPeanson, C. J.
We are of opinion that the exception in the grant to Blount is valid in respect to the land set out in the declaration. The grant has this exception, — u 13735 acres of land, entered by persons whose names are hereunto annexed.” Among the list of names is that of “ Gabriel Eagsdale, 100 acres.” This 100 acres is described in the. entry according to the statute, with certainty to a certain intent in general. A survey is afterwards made, by which the land is described with “ certainty to a certain intent in every particular,” and a grant issues therefor to Williams, which refers to it as the…
2Cited by7 opinions
- Gudger v. . HensleySupreme Court of North Carolina · 1880
- Scott v. . ElkinsSupreme Court of North Carolina · 1880
- Brown v. . RickardSupreme Court of North Carolina · 1890
- Hemphill v. . AnnisSupreme Court of North Carolina · 1896
- Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906
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