Legal Opinion

State Ex Rel. Ray v. Castle

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 6 opinions

Civil ActioN tried at Spring Term, 1878, of "Watau&a Superior Court, before Cannon, J. This action was instituted in 1875 to recover a tract of land, and upon the question arising as to the regularity and priority of the grants issued to the parties, the jury found for the defendants. There was judgment accordingly, and the plaintiff appealed. The facts set out in the opinion are sufficient to an understanding of the case.

1Opinion of the Court

ByNüm, J.

The defendant Castle made his entry October the 29th, 1853, had the entry surveyed the 6th of September, 1854, and obtained the grant from the State the 18th of September, 1854. The plaintiff made his entry the 10th of June, 1854, had it surveyed and located the 3rd of October, 1856, and obtained his grant from the State the 22nd of December, 1856. So that the defendant’s entry, survey and grant were prior in time to the entry, survey and grant-of the plaintiff, and nothing else appearing, he would be entitled to the land covered by his grant. But the-plaintiff alleges that the…

2Cases cited2 opinions

  1. Avery's Executors v. AverySupreme Court of Alabama · 1873
  2. Free v. JamesSupreme Court of Connecticut · 1858

3Cited by6 opinions

  1. Mercer v. Frank Hitch Lumber Co.Supreme Court of North Carolina · 1917
  2. Cowies v. Lovin.Supreme Court of North Carolina · 1904
  3. Jameson v. First Savings Bank & Trust Co. of AlbuquerqueNew Mexico Supreme Court · 1936
  4. Stewart v. . StephensonSupreme Court of North Carolina · 1916
  5. Henry v. McCoy.Supreme Court of North Carolina · 1902

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