Den on Demise of Reddick v. Leggat
Supreme Court of North Carolina
} From Bertie. The lessors of the Plaintiff were the heirs at law of John Swain, to whom the lands in question had been granted on the 18th day of May 1789. The warrant of surrey was issued in 1778, and the survey was made in 1784, the Defendant Leggat being one of the chain carriers. The Defendant claimed title to the lands under a grant issued to him on the same day on which the grant to Swain issued, and his grant was of a lower number than Swain’s.
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} From Bertie. The lessors of the Plaintiff were the heirs at law of John Swain, to whom the lands in question had been granted on the 18th day of May 1789. The warrant of surrey was issued in 1778, and the survey was made in 1784, the Defendant Leggat being one of the chain carriers. The Defendant claimed title to the lands under a grant issued to him on the same day on which the grant to Swain issued, and his grant was of a lower number than Swain’s. In the following Diagram, the letters A, B, C, D, E, represent the lines of Swain’s grant, A. being tlve beginning corner. The figures 1, 2,…
1Opinion of the CourtHenderson, Judge
The first question presented for the consideration of the Court, is the priority of the respective grants of the parties. Leggat’s has the lowest number, but it calls for Swain’s lands: the number must therefore yield to this call, and Swain’s must be considered as first made. The number was then no part of the grant j it was only a mark put upon it by the Secretary for convenience, not when he countersigned, but when he revised it.
The next question, to-wit, the boundaries of Leggat’s grant, is rather one of fact than of law, and dependant on a variety of circumstances, proper only for the…
2Cited by10 opinions
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
- Seals v. SealsSupreme Court of North Carolina · 1914
- Ipock v. GaskinsSupreme Court of North Carolina · 1913
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