Legal Opinion

Lovin v. . Carver

Supreme Court of North Carolina

Decided May 21, 1909PublishedCited by 2 opinions

ActioN tried before Ward, J., and a jury, at Spring Term, 1909, of GRAHAM.’ The facts, as stated in the record, are: One A. L. Adams, under whom plaintiffs claim, on 6 February, 1901, laid the following entry in the office of the entry taker of Graham County; “A. L. Adams enters and locates 300 acres of land in said county and State, in District Ten, on waters of Little Santeetla Creek, beginning on a chestnut tree and runs various courses for complements.”

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ActioN tried before Ward, J., and a jury, at Spring Term, 1909, of GRAHAM.’ The facts, as stated in the record, are: One A. L. Adams, under whom plaintiffs claim, on 6 February, 1901, laid the following entry in the office of the entry taker of Graham County; “A. L. Adams enters and locates 300 acres of land in said county and State, in District Ten, on waters of Little Santeetla Creek, beginning on a chestnut tree and runs various courses for complements.” A warrant of survey was issued 29 June, 1903, and the survey made 12 September, 1903. A grant issued 13 October, 1903. On 16 February,…

1Opinion of the CourtConnor, J.

It is well settled that when a valid entry is laid, followed by a survey and grant, a prior grantee claiming under subsequent entry will be declared to hold the legal title in trust for the subsequent grantee claiming under the first entry. The decisions in our reports in which this doctrine is held are based upon the well-settled principle that one who lays an entry acquires an equity, or, as sometimes called, a right of preemption, which, when followed by a survey and grant, ripens into the legal title. If, during the time intervening between the entry and grant, another lay an entry and…

2Cases cited6 opinions

  1. Grayson v. . EnglishSupreme Court of North Carolina · 1894
  2. Plemmons v. . ForeSupreme Court of North Carolina · 1842
  3. Harris v. . EwingSupreme Court of North Carolina · 1836
  4. Johnston v. . SheltonSupreme Court of North Carolina · 1845
  5. Munroe v. . McCormickSupreme Court of North Carolina · 1849

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3Cited by2 opinions

  1. Cain v. . DowningSupreme Court of North Carolina · 1913
  2. Cain v. DowningSupreme Court of North Carolina · 1913

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