Brown v. . Rickard
Supreme Court of North Carolina
This was a civil action, tried before Merrimon, J., at Fall Term, 1890, of Buree Superior Court. The material facts agreed upon and submitted to the Court are, in substance, these: The defendants are in possession of the land designated in the pleadings as the “ Stevely .lands.”
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This was a civil action, tried before Merrimon, J., at Fall Term, 1890, of Buree Superior Court. The material facts agreed upon and submitted to the Court are, in substance, these: The defendants are in possession of the land designated in the pleadings as the “ Stevely .lands.” The State issued its grant, dated the 9th of December, 1795, to James Greenlee, William Erwin and James Erwin, for 30,080 acres of land, described by appropriate metes and bounds, and this grant contained, in appropriate connection, a clause in these words: “Containing in the whole thirty-five thousand two hundred,…
1Opinion of the Court
Mekkimon, C. J.:
The purpose to except from the older grant mentioned some part of the land within its boundary is manifest. The exceptive provision of that grant is found therein in immediate connection with the detailed description of the land granted by metes and boundaries, and is in these words: “ Containing in the whole 35,280 acres, 5,000 acres of which, being previously entered by citizens, is hereby reserved.” The words “ hereby reserved ” can have no other reasonable meaning or purpose than that the five thousand acres referred to, having theretofore been entered, were excepted from…
2Cases cited1 opinion
- Doe Ex Dem. of Melton v. MondaySupreme Court of North Carolina · 1870
3Cited by14 opinions
- Quelch v. . FutchSupreme Court of North Carolina · 1916
- Quelch v. . FutchSupreme Court of North Carolina · 1918
- Thomas v. YoungWest Virginia Supreme Court · 1923
- Currie v. . HawkinsSupreme Court of North Carolina · 1896
- Williams v. . BaileySupreme Court of North Carolina · 1919
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