Kimsey v. . Munday
Supreme Court of North Carolina
Civil aotioN for the recovery of three tracts of land * claimed by the plaintiffs and in possession of the defendants, tried before Bynum, J, and a jury, at Fall Term, 1892, of MacoN Superior Court.
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Civil aotioN for the recovery of three tracts of land * claimed by the plaintiffs and in possession of the defendants, tried before Bynum, J, and a jury, at Fall Term, 1892, of MacoN Superior Court. The defendants, admitting that they were in possession of the land, denied plaintiffs’ title, or that their (defendants’) possession was unlawful, and for further answer and defence, and by way of affirmative relief, alleged: 1. That the lands claimed by plaintiffs were entered by the defendant A. P. Munday on the 21st day of December, 1889, and a short while thereafter surveyed, and on the 20th…
1Opinion of the Court
MaoRae, J.:
It will be seen that chapter 17 of The Gode, in relation to entries and grants, does not apply to those of the plaintiffs, for the reason that the lands therein granted were a part of the land acquired by treaty from the Cherokee Indians and are governed by the provisions of what is known as the “ Cherokee Land Law,” chapter 11 of The Code, wherein a different mode of procedure is prescribed for the acquisition of land from the State previous to the 1st day of November, 1883, when by section 2478 the Cherokee lands were made subject to entry as other public lands.
The plaintiff…
2Cases cited3 opinions
- Wilson v. Western North Carolina Land Co.Supreme Court of North Carolina · 1877
- Bryan v. . HodgesSupreme Court of North Carolina · 1890
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1891
3Cited by6 opinions
- Dew v. . PykeSupreme Court of North Carolina · 1907
- Ritchie v. Fowler.Supreme Court of North Carolina · 1903
- Frazier v. Gibson.Supreme Court of North Carolina · 1905
- Berry v. . Lumber Co.Supreme Court of North Carolina · 1906
- Barker v. . DentonSupreme Court of North Carolina · 1909
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