Ashley v. . Sumner
Supreme Court of North Carolina
Cause removed from tbe Court of Equity of Buncombe county. The defendant, John Sumner, made an entry of vacant land in the office of the entry-taker of Buncombe county, on the tenth day of November, 1851, which describes the land as follows: “ One hundred acres of land, on the west side of French Broad Eiver, joining his own lands, and the lands of James Case,” which was intended to cover certain land adjoining his own and James Case.
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Cause removed from tbe Court of Equity of Buncombe county. The defendant, John Sumner, made an entry of vacant land in the office of the entry-taker of Buncombe county, on the tenth day of November, 1851, which describes the land as follows: “ One hundred acres of land, on the west side of French Broad Eiver, joining his own lands, and the lands of James Case,” which was intended to cover certain land adjoining his own and James Case. Afterwards, to wit, on 2nd of November, 1852, William B. Lance entered the land in controvers}r, and described it in his entry as “ fifty acres of land, on the…
1Opinion of the CourtPearson, J.
It is the policy of the public to have all the vacant land appropriated by individuals. So far as the State is concerned, it is a matter of indifference who appropriates the laud, provided it be paid for. Upon this ground it is settled, that where an entry is made in terms of general description, it may be made certain, and the particular land identified by a survey, if it be done before the right of another enterer has attached; Johnston v. Shelton, 4 Ire. Eq. 85; Monroe v. McCormick, 6 Ire. Eq. 85; Fulton v. Williams, Bush. Eq. 162, and Currie v. Gibson, ante 25. In this case, according to…
2Cited by5 opinions
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- Cain v. . DowningSupreme Court of North Carolina · 1913
- Cain v. DowningSupreme Court of North Carolina · 1913
- Walker v. CarpenterSupreme Court of North Carolina · 1907