State v. . Bevers
Supreme Court of North Carolina
Civil Action tried at Pall Term, 1880, of Wakb Superior Court, before Graves, J. The plaintiff asked that defendant be declared trustee, and be decreed to convey title to plaintiff of a certain tract of land (situate near the city of Raleigh) in his possession, and the cause was submitted upon the following “ case agreed; ” In the year 1862, John Devereux, as quarter-master for certain military forces known as “ State Troops,” acting under orders issued by James G. Martin,…
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Civil Action tried at Pall Term, 1880, of Wakb Superior Court, before Graves, J. The plaintiff asked that defendant be declared trustee, and be decreed to convey title to plaintiff of a certain tract of land (situate near the city of Raleigh) in his possession, and the cause was submitted upon the following “ case agreed; ” In the year 1862, John Devereux, as quarter-master for certain military forces known as “ State Troops,” acting under orders issued by James G. Martin, as adjutant general of the state, agreed to purchase from Miss Temperance Lane the land in dispute, for the purpose of…
1Opinion of the CourtRuffin, J.
If the land in dispute was really the subject of entry and grant, that of course puts an end to the case, and renders it needless to consider any of the other points made. We will therefore consider that branch of the case first.
To be the subject of entry under the statute, lands must be such as belong to the state, and such as are vacant and unappropriated. Bat. Rev., ch. 41, § 1. If then any one of the many grave objections, urged by defendant against the validity of the state’s title under the contract of 1862, be well founded, so that the land did not, in fact, “belong to the state,” that…
2Cases cited3 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Cooper v. LandisSupreme Court of North Carolina · 1876
- Younce v. . McBrideSupreme Court of North Carolina · 1873
3Cited by26 opinions
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- City of Raleigh v. FisherSupreme Court of North Carolina · 1950
- Henderson v. . Gill, Comr. of RevenueSupreme Court of North Carolina · 1948
- Page County v. RoseSupreme Court of Iowa · 1906
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
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