Den on Demise of Strother v. Cathey
Supreme Court of North Carolina
y—From Morgan. This was an ejectment for lands lying within the bounds J 0 of the lands allotted to the Cherokee Indians by the Act of ^783, Tho lessor of the Plaintiff claimed title under á gpant from the state, issued 19th May, 1803, upon an entry ° made in 1791. The defendant claimed title under a grant from the state issued 8th December, 1787. The act of ±7S3, ch.-2, having declared that « no person shall enter or survey any lands within the bounds set apart for the Che»…
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y—From Morgan. This was an ejectment for lands lying within the bounds J 0 of the lands allotted to the Cherokee Indians by the Act of ^783, Tho lessor of the Plaintiff claimed title under á gpant from the state, issued 19th May, 1803, upon an entry ° made in 1791. The defendant claimed title under a grant from the state issued 8th December, 1787. The act of ±7S3, ch.-2, having declared that « no person shall enter or survey any lands within the bounds set apart for the Che» rokee Indians under the penalty of fifty pounds, and that all such entries and grants obtained therefor (if any such…
1Opinion
The defendant has certainly acquired no title by the grant to him from the State; and without entering into the consideration of the general question, whether (168) parol evidence may be introduced to invalidate a grant on all occasions, this case may be decided upon its own special circumstances. For the evidence which locates and points out a subject for the operation of the grant, at the same time proves that the land which it purports to convey was not, at the time it has date, subject to be so granted. Upon the second point it may be observed that neither the European governments nor the…
2Cases cited7 opinions
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Dugger v. . McKessonSupreme Court of North Carolina · 1888
- Brown v. . BrownSupreme Court of North Carolina · 1889
- Barnett v. . WoodsSupreme Court of North Carolina · 1860
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