State Ex Rel. Blount v. Spencer
Supreme Court of North Carolina
ActioN, tried at Fail Term, 1893, of Hyde Superior Court, before Graves, J., on complaint and demurrer, which were as follows: “1. That on the 26th day of June, 1888, Christopher C. Spencer, the above-named defendant, made application to the entry-taker of Hyde county to enter, and did enter, and on the 16th day of May, 1889, in pursuance with said entry and after survey as required by law, obtained a grant from the State of North Carolina for a certain tract of land, or…
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ActioN, tried at Fail Term, 1893, of Hyde Superior Court, before Graves, J., on complaint and demurrer, which were as follows: “1. That on the 26th day of June, 1888, Christopher C. Spencer, the above-named defendant, made application to the entry-taker of Hyde county to enter, and did enter, and on the 16th day of May, 1889, in pursuance with said entry and after survey as required by law, obtained a grant from the State of North Carolina for a certain tract of land, or perpetual franchise to cultivate oysters on said land (a copy of said grant is hereto attached as a part hereof, marked…
1Opinion of the CourtMacRae, J.
(after stating the facts): The entry made by the defendant covered a natural oyster bed, according to the definition given by this Court in State v. Willis, 104 N. C., 764, and subsequently adopted by statute — section 1, ch. 287, Acts 1893.
Only one question is presented by this appeal: Whether the action of the Board of Commissioners of Shell-fisheries, under ch. 119, Laws 1887, in laying off and establishing the locations of the public grounds of Hyde county, when there was no protest and appeal from their action in the premises, was a final decision, binding both the State and the party…
2Cases cited2 opinions
- Rector v. GibbonSupreme Court of the United States · 1884
- State v. . WillisSupreme Court of North Carolina · 1889
3Cited by8 opinions
- State Ex Rel. Rohrer v. CredleSupreme Court of North Carolina · 1988
- S. v. . TwifordSupreme Court of North Carolina · 1904
- State v. TwifordSupreme Court of North Carolina · 1904
- Oglesby v. AdamsSupreme Court of North Carolina · 1966
- State v. Young.Supreme Court of North Carolina · 1905
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