Person's Heirs v. Davey
Supreme Court of North Carolina
—From Hillsborough. The defendant entered a tract of land lying in Person county; the plaintiffs caveated the entry, and by consent of parties the caveat was tried in court, when a verdict was fouud for the defendant.
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—From Hillsborough. The defendant entered a tract of land lying in Person county; the plaintiffs caveated the entry, and by consent of parties the caveat was tried in court, when a verdict was fouud for the defendant. The plaintiffs obtained a rule for a new trial upon an affidavit setting forth, 1st» that their ancestor, Thomas Person, in his life time obtained a grant from the state for the lands in question, and therefore the jury ought to have found a verdict in favour of the cavea-tors. gndly, That the said Thomas Person bad purchased an improvement on said land from the first occupant,…
1Opinion of the Court
Locke — -Judge,
delivered the opinion of the court. Upon the trial of a caveat, the question is not, which of the parties has the better grant or title, but simply which has tho best equitable right to obtain a grant. It is the peculiar province of the jury to determine this question from all the facts disclosed to them on the trial. The verdict of the jury therefore, saying, that the defendant Davey is entitled to a grant cannot impair or destroy the grant of Person’s already obtained-; and if his grant be valid in law, his heirs will be able to secure the land in dispute. The court therefore…
2Cited by1 opinion
- Rutledge v. Read.Superior Court of North Carolina · 1803