Holland's Heirs v. Crow
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Haywood County, Spring Term, 1848, his Honor Judge Battle presiding. This is a petition and scire facias to vacate a grant for 640 acres of land in Haywood, obtained by the defendant, John Crow, on the 17th day of November, 1820, upon the ground, that the greater part of the same land had been granted to James Holland, the elder, on the 5th day of September, 1798, and that at the time Crow made his entry and obtained his grant, he…
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Appeal from the Superior Court of Law of Haywood County, Spring Term, 1848, his Honor Judge Battle presiding. This is a petition and scire facias to vacate a grant for 640 acres of land in Haywood, obtained by the defendant, John Crow, on the 17th day of November, 1820, upon the ground, that the greater part of the same land had been granted to James Holland, the elder, on the 5th day of September, 1798, and that at the time Crow made his entry and obtained his grant, he knew of the said prior grant to Holland, and that the same covered .the greater part of the land included in the entry and…
1Opinion of the CourtRuffin, C. J.
The Court is inclined to the opinion, that the testimony of Love, though not as definite and predis# as it-might and ought to have been, is so expressed as to render it probable, that the witness meant to depose, that the patentee left the two daughters named in the deposition, and also a son, James Holland, Junior, who afterwards died leaving the three infant children, who are the other relators ; and that they and their two Aunts were, therefore, believed by the witness to be the heirs of the elder James Holland, deceasecT. That seems to have been so probably the meaning of the witness, as…
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- Hoyt v. . RichSupreme Court of North Carolina · 1838
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