Legal Opinion

Den on Demise of the Trustees of the University v. Foy

Supreme Court of North Carolina

Decided June 5, 1805PublishedCited by 16 opinions

—Wilmington. This was an action of ejectment brought to recover the Possesion of certain escheated lands in the district of Wil-The defendants pleaded in bar the act of 1800, 5, entitled “ An act to repeal so much of the several laws now i» torce in this state, as grants,power to tho trustees of the University of Noeth-Carolina to seize ami pos-seas for the use of the said University, any escheated or confl-rated property.” — To this plea the plaintiff demurred, ami the…

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—Wilmington. This was an action of ejectment brought to recover the Possesion of certain escheated lands in the district of Wil-The defendants pleaded in bar the act of 1800, 5, entitled “ An act to repeal so much of the several laws now i» torce in this state, as grants,power to tho trustees of the University of Noeth-Carolina to seize ami pos-seas for the use of the said University, any escheated or confl-rated property.” — To this plea the plaintiff demurred, ami the defendants having joined in demurrer, the case was sent to this court for the opinion of (he judges. This rase was argued by…

1Opinion of the Court

Locke — Judge

delivred .opinion of the court.-— The Legislature of North Carolina in the year 1789, grant- ■ cd to the Trustees of the University “ all the property that has heretofore or shall hereafter escheat to the,,state,” (a) And by another act passed in the year 1794, they also granted; “ The confiscated property then unsold.”, (b) By aii act passed in the year 1500, they declared, “ that from, and after the passing.of this act, all acts and.clauses of, acts, which have heretofore granted power to the Trustees of the University, to seize and posses* any.escheated or coin fiscated…

2Cases cited1 opinion

  1. Youse v. M'CrearyIndiana Supreme Court · 1829

3Cited by16 opinions

  1. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
  2. Bailey v. StateSupreme Court of North Carolina · 1998
  3. Lowe v. . HarrisSupreme Court of North Carolina · 1893
  4. State Ex Rel. Bryan v. PatrickSupreme Court of North Carolina · 1899
  5. University of North Carolina v. City of High PointSupreme Court of North Carolina · 1932

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