Waugh v. . Richardson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Ashe County, at the Spring Term, 1846, his Honor Judge Caldwell presiding. The plaintiff claimed the premises under a grant made to Jesse Ray, in 1839, for three thousand acres of land, as a bounty for erecting iron works, under the act of 1788. The patent describes the land by buts and bounds, which upon calculation, includes 8699 acres; and after that description, then follow these words, “ including within its bounds, 5699 acres of…
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Appeal from the Superior Court of Law of Ashe County, at the Spring Term, 1846, his Honor Judge Caldwell presiding. The plaintiff claimed the premises under a grant made to Jesse Ray, in 1839, for three thousand acres of land, as a bounty for erecting iron works, under the act of 1788. The patent describes the land by buts and bounds, which upon calculation, includes 8699 acres; and after that description, then follow these words, “ including within its bounds, 5699 acres of land, which is excepted in this grant.” The survey annexed to the grant, contains the boundries set out in the grant…
1Opinion of the CourtRuffin, C. J.
There have been a great many cases foL lowing those of Reynolds v. Flinn, 1. Hay. 106, and Lewis v. Porker, Ibid. 125, and firmly settling the principle there laid down, that a grant cannot be avoided upon evidence in ejectment, notwithstanding the strong and general terms in which the act of 1799 declares them void, if obtained contrary to law. The court was right, therefore, in rejecting the evidence of a violation of the provisions oí the act of ’88, since it could not legally impeach the grant. For the same reason the grant could not be affected by excess of quantity above the 3000 acres,…
2Cited by9 opinions
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- Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906
- Wyman v. TaylorSupreme Court of North Carolina · 1899
- Savage Bros. Timber Co. v. CozadSupreme Court of North Carolina · 1926
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