Legal Opinion

Crow v. . Holland

Supreme Court of North Carolina

Decided June 5, 1834PublishedCited by 5 opinions

This was a Petition and Scire Fndas to vacate a grant which issued to the ancestor of the defendauts for land in Haywood, on the 5th of December, 1798. The petition set forth many instances of alleged fraud and false suggestion, and the cause was much litigated in the court below. Judgment was entered on the Spring circuit of 1830, that the grant which issued to the ancestors of the defendants, be vacated — from which, an appeal was taken to this court.

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This was a Petition and Scire Fndas to vacate a grant which issued to the ancestor of the defendauts for land in Haywood, on the 5th of December, 1798. The petition set forth many instances of alleged fraud and false suggestion, and the cause was much litigated in the court below. Judgment was entered on the Spring circuit of 1830, that the grant which issued to the ancestors of the defendants, be vacated — from which, an appeal was taken to this court. As the cause was decided upon a point not noticed in the court below, the only fact which it is necessary to state is, that the plaintiff…

1Opinion of the CourtDaniei, Judge

This is a Petition and Sdre Fadas, under the act of 1798 ch. 7, to vacate a patent granted by the State to James Holland deceased. The petition is filed by, and the scire facias sued out in the name of the plaintiff, who had obtained a subsequent patent for the same lands, and who suggests that the patent to llol-land had been obtained by fraud and false suggestion, in violation of the laws prescribing the manner of entering, surveying and patenting lands.

Several grounds of detence have been taken, and among them there is one which is now for the first time, we believe, presented for…

2Cases cited1 opinion

  1. Jackson ex dem. Mancius v. LawtonNew York Supreme Court · 1813

3Cited by5 opinions

  1. Waldo v. . WilsonSupreme Court of North Carolina · 1917
  2. Henry v. McCoy.Supreme Court of North Carolina · 1902
  3. Henry v. McCoy.Supreme Court of North Carolina · 1902
  4. Henry v. McCoy.Supreme Court of North Carolina · 1902
  5. Tyrrell v. . LoganSupreme Court of North Carolina · 1824

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