Brem v. . Houck
Supreme Court of North Carolina
This is a civil ACTION, pending in the Superior Court of MeckleNburg County, heard upon a motion for an injunction before Boykin, J., in Chambers, on March 2d, 1888. The complaint alleges, in substance, that on the 7th day of September, 1887, the defendant J. M. Houck irregularly entered two tracts of vacant land of the State situate in the county of Caldwell; that such entries Were void because of irregularities specified; that thereafter, in pursuance of such •entries,…
Read the full summary
This is a civil ACTION, pending in the Superior Court of MeckleNburg County, heard upon a motion for an injunction before Boykin, J., in Chambers, on March 2d, 1888. The complaint alleges, in substance, that on the 7th day of September, 1887, the defendant J. M. Houck irregularly entered two tracts of vacant land of the State situate in the county of Caldwell; that such entries Were void because of irregularities specified; that thereafter, in pursuance of such •entries, warrants of survey were issued to the surveyor of the county named; that surveys of the land were made and certified to the…
1Opinion of the CourtMerrimon, J.
(after stating the case.) We are of opinion that-' this action cannot be maintained. The relief by injunction sought is not in support of and ancillary to some primary equity of the plaintiff to be settled and established by the action. The plaintiff does not allege a cause of action of himself against the defendants, but a state of facts upon which he demands that the defendant, the Secretary of State, be restrained from issuing, and the defendant, H. C. Houck, from receiving a grant from the State for certain lands, to the end he may obtain a like grant for the same lands and not be…
2Cases cited2 opinions
- Harris v. . NormanSupreme Court of North Carolina · 1887
- Pearson v. . PowellSupreme Court of North Carolina · 1888
3Cited by4 opinions
- Newton v. BrownSupreme Court of North Carolina · 1904
- Wool v. SaundersSupreme Court of North Carolina · 1891
- Newton v. . BrownSupreme Court of North Carolina · 1904
- Wool v. . SaundersSupreme Court of North Carolina · 1891