Hall v. . Hollifield
Supreme Court of North Carolina
Entry and Grant — Waiver of Entry. Case AGREED, beard at Spring Term, 1876, of Mitohell.-Superior Court, before Henry, J. The following are the material facts in this case, viz The defendant and one E. A. Hall (deceased ancestor of plaintiffs) had an entry made for a tract of land on the books of the Entry Taker in Mitchell County in their joint names, the defendant paying the Entry Taker’s fee and Hall agreeing to reimburse him one half of fees, which he never did.
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Entry and Grant — Waiver of Entry. Case AGREED, beard at Spring Term, 1876, of Mitohell.-Superior Court, before Henry, J. The following are the material facts in this case, viz The defendant and one E. A. Hall (deceased ancestor of plaintiffs) had an entry made for a tract of land on the books of the Entry Taker in Mitchell County in their joint names, the defendant paying the Entry Taker’s fee and Hall agreeing to reimburse him one half of fees, which he never did. Subsequently defendant proposed that they should take out a grant from the State for the land so entered, &c. when Hall told him…
1Opinion of the CourtEaiRCLOTH, J.
(After stating the facts as above.) The public lands of the State are open to entry by any of its citizens and the first declaration of intention is made on the books of the Entry Taker in the County where the land lies and this gives priority, called a pre-emption right. No estate or interest in the land is thereby acquired. No consideration is paid and none of the requisites for that purpose are performed, but simply the right to be preferred when the money is paid and the other formalities required by the statute are complied with.
In Beaman v. Simmons, decided at the present term it was…
2Cited by9 opinions
- Janney v. Blackwell.Supreme Court of North Carolina · 1905
- Bryan v. . HodgesSupreme Court of North Carolina · 1890
- Newton v. BrownSupreme Court of North Carolina · 1904
- Frazier v. Gibson.Supreme Court of North Carolina · 1905
- Anderson v. . MeadowsSupreme Court of North Carolina · 1912
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