Burgess v. Lovengood
Supreme Court of North Carolina
Cause removed from the Court of Equity of Cherokee County- The Legislature, at its session of 1850, passed an act entitled “ An Act to authorise the sale of refused lands owned by the State, in the Counties of Macon and Cherokee.” The purpose of this act was, among other things, to secure preemption rights to first settlers, and to those who had made valuable improvements upon lands occupied by them.
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Cause removed from the Court of Equity of Cherokee County- The Legislature, at its session of 1850, passed an act entitled “ An Act to authorise the sale of refused lands owned by the State, in the Counties of Macon and Cherokee.” The purpose of this act was, among other things, to secure preemption rights to first settlers, and to those who had made valuable improvements upon lands occupied by them. By this act the Governor of the State was authorised to appoint, and did appoint, three commissioners, whose duty and office it was, amongst other things, to hear and determine pre-emption…
1Opinion of the CourtPeabsoN, J.
In Evans v. Lovengood, 1 Jones’ Eq. Rep. 298, (which is a branch of this case,) it is said “ the only ground upon which the plaintiff’s equity can be put, is that fraud was practiced upon the commissioners, and their certificate obtained by perjury.” The case was then before us upon a motion to dissolve the injunction, and went off upon the ground that the defendant Lovengood was a purchaser for a valuable consideration without notice. Of course we were not then at liberty to decide whether the plaintiff had been successful or not, in putting his case upon the only ground which was supposed…
2Cited by7 opinions
- Horne v. . EdwardsSupreme Court of North Carolina · 1939
- Mottu v. . DavisSupreme Court of North Carolina · 1910
- Moore v. . GulleySupreme Court of North Carolina · 1907
- Kinsland v. . AdamsSupreme Court of North Carolina · 1916
- Anderson v. StateUtah Supreme Court · 1925
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