Board of Education v. Makely
Supreme Court of North Carolina
AotioN by State Board of Education, and another against M. Makely, heard by Judge William A. IIolee and a jury, at the May Term, 1904, of the Superior Court of Hyde County. Erom a judgment for the defendant, the plaintiffs appealed.
Read the full summary
AotioN by State Board of Education, and another against M. Makely, heard by Judge William A. IIolee and a jury, at the May Term, 1904, of the Superior Court of Hyde County. Erom a judgment for the defendant, the plaintiffs appealed. This suit was brought for the purpose of having vacated and cancelled a grant issued by the- State to the defendant in 1888 for 176% acres of land, upon the ground that the land was not the subject of entry and grant, as it was swamp land and was vested in the plaintiff, the State Board of Education, who had conveyed the same to its co-plaintiff, The Alleghany…
1Opinion of the Court
Walker, L,
after stating the facts: Whether it was not relevant for defendant to show by the witness, Poison, the general topography of the country immediately surrounding the tract in dispute or the conformation of contiguous tracts, as bearing upon the character of the tract in question, and whether this evidence is of the same class as that excluded in Warren v. Makely, 85 N. C., 12; Bruner v. Threadgill, 88 N. C., 365, and Waters v. Roberts, 89 N. C., 145, where a comparison was attempted to be made between the tract in suit and other adjoining tracts for the purpose of determining the…
2Cases cited10 opinions
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Fitzgerald v. GoffIndiana Supreme Court · 1884
- McCormick v. . MonroeSupreme Court of North Carolina · 1853
- Stanmire v. PowellSupreme Court of North Carolina · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- State v. . QuickSupreme Court of North Carolina · 1909
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- Hunt v. EureSupreme Court of North Carolina · 1925
- S. v. . WilkersonSupreme Court of North Carolina · 1913
36 more not listed; retrieve them via the Exa API.