Janney v. Blackwell.
Supreme Court of North Carolina
CONTROVERSY without action by Joseph W. Janney and others against Nannie G. Blackwell, heard hy Judge James L. Webb, at the February Term, 1905, of the Superior Court of Caldwell County. This is a controversy without’action submitted to the court upon facts agreed for the purpose of settling the matters in difference between the plaintiffs and the defendant under section 567 of The Code. The plaintiffs claim the land in controversy under grant No. 883 to AV.
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CONTROVERSY without action by Joseph W. Janney and others against Nannie G. Blackwell, heard hy Judge James L. Webb, at the February Term, 1905, of the Superior Court of Caldwell County. This is a controversy without’action submitted to the court upon facts agreed for the purpose of settling the matters in difference between the plaintiffs and the defendant under section 567 of The Code. The plaintiffs claim the land in controversy under grant No. 883 to AV. D. Sprague -for 640 acres dated December 29, 1875, and registered in the office of the Register of Deeds of Caldwell County, October 31,…
1Opinion of the Court
Connor, J.,
after stating the facts: The statutes in force in this State for more than a century have permitted “all vacant and unappropriated lands belonging to the State” with certain well defined exceptions, to be entered and grants taken therefor. Code, section 2751. “To be subject to entry under the statute, lands must be sucb as belong to the State 'and sucb as are vacant and unappropriated.” Hall v. Hollifield, 76 N. C., 476; State v. Bevers, 86 N. C., 588. By making the entry as prescribed by law the enterer does not acquire any title to the land, but only a “pre-emption' right” or, as…
2Cases cited10 opinions
- State v. . BeversSupreme Court of North Carolina · 1882
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Stanmire v. PowellSupreme Court of North Carolina · 1852
- Newton v. BrownSupreme Court of North Carolina · 1904
- Hall v. . HollifieldSupreme Court of North Carolina · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Virginia Electric & Power Co. v. TillettCourt of Appeals of North Carolina · 1986
- United States v. 7,405.3 Acres of LandCourt of Appeals for the Fourth Circuit · 1938
- McAden v. PalmerSupreme Court of North Carolina · 1905
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1974
- Dew v. . PykeSupreme Court of North Carolina · 1907
12 more not listed; retrieve them via the Exa API.