Wool v. Saunders
Supreme Court of North Carolina
The undersigned, parties to a question in difference which might be the subject of a civil action, agree upon the following statement of facts upon which the controversy depends, and submit the same to the Judge of the Superior Court of Wake County, which would have jurisdiction if an action had been brought: 1. The plaintiff is a citizen of North Carolina, residing in Chowan County, and the defendant is the Secretary of State of North Carolina. 2. That on the 17th day of…
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The undersigned, parties to a question in difference which might be the subject of a civil action, agree upon the following statement of facts upon which the controversy depends, and submit the same to the Judge of the Superior Court of Wake County, which would have jurisdiction if an action had been brought: 1. The plaintiff is a citizen of North Carolina, residing in Chowan County, and the defendant is the Secretary of State of North Carolina. 2. That on the 17th day of April, 1S90, the plaintiff filed in the office of the defendant, in the city of Raleigh, certain entries of land and…
1Opinion of the Court
Shepherd, J.:
Two questions must be determined before we enter upon the consideration of the facts of this particular case.
1. Whether the Secretary of State has a right to receive and act upon testimony outside of the papers filed by a claimant for the purpose of obtaining a grant for vacant and unappropriated land belonging to .the State?
We are of the opinion that the question must be answered in the negative. The law has carefully prescribed how vacant lands may be entered and in what cases'the Secretary of State may issue grants. Chap. 17, vol. 2 of The Code. The entry takers and surveyors…
2Cases cited2 opinions
- State v. . BeversSupreme Court of North Carolina · 1882
- Brem v. . HouckSupreme Court of North Carolina · 1888
3Cited by6 opinions
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- McNamee v. . AlexanderSupreme Court of North Carolina · 1891
- Board of Education v. . MakelySupreme Court of North Carolina · 1905
- Swan Island Club, Inc. v. WhiteDistrict Court, E.D. North Carolina · 1953
- Wool v. Town of EdentonSupreme Court of North Carolina · 1894
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