Legal Opinion

Trustees of the Normal School v. State Board of Education

Supreme Court of North Carolina

Decided September 16, 1914Published

Appeal by defendant from Ferguson, J., at. March Term, 1914, of PasquotaNK. Civil action to set aside a deed on the ground of fraud and to restrain a sale of property thereunder.

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Appeal by defendant from Ferguson, J., at. March Term, 1914, of PasquotaNK. Civil action to set aside a deed on the ground of fraud and to restrain a sale of property thereunder. Plaintiffs alleged that they were induced to convey certain property in Elizabeth City to defendants by the false representations of one P. W. Moore, a member and secretary of plaintiff board, said Moore acting in the matter as agent of defendants; the deed in question being as follows: “This deed, made this 5-August, 1905, by Jamfes E. Brown, Elisha Overton, Eobert Bo we, A. L. Hawkins, Charles Norfleet, Charles…

1Opinion of the CourtILoKE, J.

On tbe bearing it was made to appear tbat plaintiffs, “Board of Trustees for tbe Normal Scbool in Elizabeth City, N. 0.,” bad been tbe owners of a piece of property in said city, under a deed conveying same to “tbem and tbeir successors, to tbeir use in fee simple forever, for permanent scbool purposes for freedmen and children, irrespective of color, etc.,” and a school for coloréd people bad been conducted for some years on said property by P. W. Moore, a member of plaintiff board and its secretary; tbat tbe building being insufficient and having become very much dilapidated, it became…

2Cases cited5 opinions

  1. Dair v. United StatesSupreme Court of the United States · 1873
  2. Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
  3. Butler v. United StatesSupreme Court of the United States · 1875
  4. Bowers v. Bryan Lumber Co.Supreme Court of North Carolina · 1910
  5. Rollins v. Ebbs.Supreme Court of North Carolina · 1905

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