Carter v. . White
Supreme Court of North Carolina
This is a civil action to vacate a grant, tried before Montgomery, J., at Spring Term, 1888, of Currituck Superior Court.
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This is a civil action to vacate a grant, tried before Montgomery, J., at Spring Term, 1888, of Currituck Superior Court. On December 5, 1832, a grant from the State issued to D. W. Dunton, under whom, by a succession of conveyances, the plaintiffs claim title for a tract of land, described as follows: “A tract of land containing sixty-seven acres and a .half, lying and being in the County of Currituck, known by the name of Walker’s Island, beginning at a creek called Ben Hall, it being the southeast corner of James Brabble and Maxmillian Tatem’s line; thence running south five degrees, west…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) The statute which authorizes the present action provides that any person “aggrieved by any grant or patent issued or made since July 4, 1776, to any other person against law, or obtained by false suggestion, surprise or fraud,” may proceed in the Superior Court to have the same “ repealed and vacated,” and as the complaint must allege, so the evidence must show, that the obnoxious patent issued against law, or was procured under the circumstances and conditions pointed out, or the action must fail. In the construction of the statute it is held that the…
2Cited by20 opinions
- Cox v. . McGowanSupreme Court of North Carolina · 1895
- Potter v. . BonnerSupreme Court of North Carolina · 1917
- Wearn v. . R. RSupreme Court of North Carolina · 1926
- Lee v. McDonaldSupreme Court of North Carolina · 1949
- Peebles v. Graham.Supreme Court of North Carolina · 1901
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