Munroe v. . McCormick
Supreme Court of North Carolina
Appeal from an interlocutory decree of the Court of Equity, of Cumberland County, at the Spring Term 1849, his Honor Judge Caldwell presiding. On the 4th of January, 1845, the plaintiff made an entry of “640 acres of land in the County of Cumberland, on the heads of Beaver and Big Cross Creeks, joining the Torrey and Murchison lands.” In December 1847, the purchase money was paid.
Read the full summary
Appeal from an interlocutory decree of the Court of Equity, of Cumberland County, at the Spring Term 1849, his Honor Judge Caldwell presiding. On the 4th of January, 1845, the plaintiff made an entry of “640 acres of land in the County of Cumberland, on the heads of Beaver and Big Cross Creeks, joining the Torrey and Murchison lands.” In December 1847, the purchase money was paid. In the year 1848 the survey was made; and a grant issued to the plaintiff in Septena* ber, 1848. On the 11th of January 1841, the defendant made an entry of “500 acres of land in the County of Cumberland, on Cross…
1Opinion of the CourtPearson, J.
The allegation of a fraudulent delay, on the part of the defendant, to make the plaintiff’s survey, is positively, lully, and fairly denied by the answer; which, in this stage of the proceeding, is taken to be true. A question is raised, whether the plaintiff’s entry was made before the defendant’s was revived by the Act of J844. This involves the consideration, whether the fractions of days are to be estimated : whether there be not a distinction between an Act taking effect from and after its ratification, and from and after the day of its ratiñcation ; whether legislative proceedings do…
Also in this document: Per curiam.
2Cited by6 opinions
- Fisher v. . OwenSupreme Court of North Carolina · 1907
- Call v. . RobinettSupreme Court of North Carolina · 1908
- Wallace v. . BarlowSupreme Court of North Carolina · 1914
- Lovin v. . CarverSupreme Court of North Carolina · 1909
- Cain v. . DowningSupreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.