Legal Opinion · Concurrence

Henry v. McCoy.

Supreme Court of North Carolina

Decided December 20, 1902Published

ActioN by John S. Henry against Winfield McCoy and others, heard by Judge M. H. Justice, at November Term, 1902, of the Superior Court of Macon County. From a judgment for the defendants, the plaintiff appealed.

1ConcurrenceClark, J.

In Crow v. Holland, 15 N. C., 417, it is held that a grant can only be set aside at the suit of the State (see The Code, Sec. 2788), or of a prior grantee (see The Code, Sec. 2786). In the present case, the Court merely holds that a grant can not be set aside at the suit of a junior grantee on the ground of fraud practiced on the State, citing Carter v. White, 101 N. C., 33. But as the plaintiff cites and relies upon State v. Bland, 123 N. C., 739, it is well to note that that case has no- bearing here. It held that since The Code, Sec. 177, “requiring all actions to be brought by the party…

2Cases cited3 opinions

  1. State v. . BeversSupreme Court of North Carolina · 1882
  2. Crow v. . HollandSupreme Court of North Carolina · 1834
  3. State Ex Rel. Attorney General v. BlandSupreme Court of North Carolina · 1898

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