Fisher v. . Owen
Supreme Court of North Carolina
Civil actioN, tried before O. S. Allen, J., and a jury, at August Term, 1906, of tbe Superior Court of TraNsylvaNia County. The plaintiff seeks to have the defendant declared a trustee for his benefit, in respect to the land described in the complaint.
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Civil actioN, tried before O. S. Allen, J., and a jury, at August Term, 1906, of tbe Superior Court of TraNsylvaNia County. The plaintiff seeks to have the defendant declared a trustee for his benefit, in respect to the land described in the complaint. The case was disposed of in the Superior Court upon the opinion of the Judge that plaintiff was not entitled to judgment, and so instructed the jury. ' The plaintiff introduced the record of an entry made in the entry taker’s office, Transylvania County, by J. B. Burgess, 4 July, 1896, as follows : “J. B. Burgess enters and claims 640 acres of…
1Opinion of the Court
Connor, J.,
after stating the case: The plaintiff insists that his Honor erred in holding that the Burgess entry was void for vagueness and uncertainty in the description of the land intended to be included in it, and that it did not afford notice to defendant. He further insists that if he is in error in this, that defendant had actual knowledge of facts and circumstances putting him upon inquiry, which, if prosecuted, would have given him notice, and that he thereby had constructive notice. It is well settled that an entry of land creates an “inchoate equity” which becomes a complete legal…
2Cases cited7 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Newton v. BrownSupreme Court of North Carolina · 1904
- Grayson v. . EnglishSupreme Court of North Carolina · 1894
- Harris v. . EwingSupreme Court of North Carolina · 1836
- Johnston v. . SheltonSupreme Court of North Carolina · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Call v. . RobinettSupreme Court of North Carolina · 1908
- Lovin v. . CarverSupreme Court of North Carolina · 1909
- Babb v. Gay Manufacturing Co.Supreme Court of North Carolina · 1909
- Cain v. . DowningSupreme Court of North Carolina · 1913
- Cain v. DowningSupreme Court of North Carolina · 1913