Wallace v. . Barlow
Supreme Court of North Carolina
Appeal by plaintiff from Cline, J., at October Term, 1913, of Wilkes. Tbis is an action to remove a cloud from title and to declare a trust in certain land. Tbe plaintiff claims title from tbe State under Grant No. 16401, for 50 acres.
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Appeal by plaintiff from Cline, J., at October Term, 1913, of Wilkes. Tbis is an action to remove a cloud from title and to declare a trust in certain land. Tbe plaintiff claims title from tbe State under Grant No. 16401, for 50 acres. Grant issued on 14 January, 1905, based upon an entry filed in tbe office of tbe entry-taker of Wilkes County, on 1 January, 1902, by plaintiff; survey made thereunder on 12 December, 1904, and application for grant filed in tbe office of tbe Secretary of State, and jiurchase money therefor, paid on 31 December, 1904; warrant of survey issued 18 April, 1903.…
1Opinion of the CourtAlleN, J.
It is not necessary to decide whether any evidence of notice, outside of a survey, is admissible to aid a vague and indefinite entry, as his Honor heard the evidence tending to prove notice, and the jury has found under proper instructions there was no notice.
The entry of the plaintiff is in all material respects like the one considered in Call v. Robinett, 147 N. C., 616, which was held too vague to affect a senior grantee with, notice, and that case is decisive of this.
In the present case the entry is “E. Wallace enters 100 acres of land in said county in Boomer Township, on the waters of…
2Cases cited2 opinions
- Johnston v. . SheltonSupreme Court of North Carolina · 1845
- Munroe v. . McCormickSupreme Court of North Carolina · 1849
3Cited by4 opinions
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Wilson v. . ScarboroSupreme Court of North Carolina · 1915
- Morton v. . Water Co.Supreme Court of North Carolina · 1915
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