Doe Ex Dem. Lovinggood v. Burgess
Supreme Court of North Carolina
Ejectment for a tract of land situate in Cherokee county, tried before his Honor, Judge Ellis, at Spring- Term, 1853, of the Superior Court of that county.
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Ejectment for a tract of land situate in Cherokee county, tried before his Honor, Judge Ellis, at Spring- Term, 1853, of the Superior Court of that county. The lessor of the plaintiff having exhibited a grant from the State for the premises in question, and offered evidence that the defendant was in possession, the defendant thereupon proposed to show that the grant to the ■plaintiff’s lessor, was issued upon a certificate awarded by certain commissioners, appointed by law to issue certificates to actual occupants of land belonging to the State in Cherokee county — that said certificate was…
1Opinion of the CourtBattle, J.
It was decided as early as the year 1794, in the case of Reynolds v. Flinn, 1 Hay. Rep., 106, and has been adhered to ever since, that a grant, founded on an entry made of vacant land subject to entry, cannot be collaterally impeached for fraud or defects in the entry, or irregularity in any preliminary proceeding. But when the lands are not in fact vacant and unappropriated, or when the law forbids the entry of vacant land in a particular tract of country, a grant for a part of such land is absolutely void ; and that may be shown on the trial in an action of ejectment. University v. Sawyer,…
2Cited by7 opinions
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- Westfelt v. . AdamsSupreme Court of North Carolina · 1912
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