Legal Opinion

Harris v. . Ewing

Supreme Court of North Carolina

Decided June 5, 1836PublishedCited by 6 opinions

This case came before the court by appeal from the final decree of Strange, Judge, pronounced in the Court of Equity for Montgomery county, on the last Fall Circuit, by which the bill was dismissed.

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This case came before the court by appeal from the final decree of Strange, Judge, pronounced in the Court of Equity for Montgomery county, on the last Fall Circuit, by which the bill was dismissed. The bill stated that the plaintiff made an entry on the 1st day of October, 1822, of “ fifty acres of vacant land situate in that county, adjoining the lands of Daniel Chisholm that he obtained a warrant and had his survey made on the 16th January, 1824, and paid the purchase money into the treasury, and obtained a grant on the 24th September, 1824. The bill then set forth the description of the…

1Opinion of the Court

Ruffin, C. J.,

after stating the facts as above, proceeded : — As the decree does not declare the matter of law upon which it is based, it becomes necessary here to examine each of the several points raised in the pleadings.

There is no proof in support of the last position in the answer. The demised premises are described in the declaration in ejectment by the very abuttals contained in the grant to the present defendant, and he has put in no other conveyances to himself but that grant.

The time fixed by the-act of1808, (Rev. ch. 759), for the payment of the' purchase money for entries of land,…

2Cited by6 opinions

  1. Berry v. . Lumber Co.Supreme Court of North Carolina · 1906
  2. Fisher v. . OwenSupreme Court of North Carolina · 1907
  3. Lovin v. . CarverSupreme Court of North Carolina · 1909
  4. Barker v. . DentonSupreme Court of North Carolina · 1909
  5. Cain v. . DowningSupreme Court of North Carolina · 1913

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