Legal Opinion

State Ex Rel. Attorney General v. Bland

Supreme Court of North Carolina

Decided November 9, 1898PublishedCited by 3 opinions

Civil action to vacate a grant heard upon demurrer by Adams, J., at March Term, 1898, of the Superior Court of Pender County. It appears from the pleadings that the State has no interest in the land. Demurrer was sustained, and the case dismissed at costs of plaintiff. Plaintiff appealed.

1Opinion of the Court

Clark, J.:

This is a civil action brought by the State to annul and vacate a grant. It is averred in the complaint, and is admitted by the demurrer, that the State has no interest in the land The action is brought for the benefit of another claimant. In such case, the other claimant has full relief by a direct action as authorized by The Code, Sec. 2786, and should have brought it at his own cost and charges and as required by The Code, Section 177, requiring all actions to be brought by the party in interest. Carter v. White, 101 N. C., 30. The Code, Section 2788, authorizing the State to…

2Cases cited2 opinions

  1. State v. . BeversSupreme Court of North Carolina · 1882
  2. Carter v. . WhiteSupreme Court of North Carolina · 1888

3Cited by3 opinions

  1. Wyman v. TaylorSupreme Court of North Carolina · 1899
  2. Wyman v. . TaylorSupreme Court of North Carolina · 1899
  3. Henry v. McCoy.Supreme Court of North Carolina · 1902

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