Pearson v. . Powell
Supreme Court of North Carolina
Civil action, for the recovery of land, tried before Montgomery, J., at Fall Term, 1886, of Buricb Superior Court. The plaintiffs claim title under a grant from the State, dated September 4th, 1882, issued upon an alleged entry, made January 10th, 1880, and a survey, made February 10th, 1882, of which entry, they allege, the defendant had notice.
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Civil action, for the recovery of land, tried before Montgomery, J., at Fall Term, 1886, of Buricb Superior Court. The plaintiffs claim title under a grant from the State, dated September 4th, 1882, issued upon an alleged entry, made January 10th, 1880, and a survey, made February 10th, 1882, of which entry, they allege, the defendant had notice. The defendant claims under a grant from the State, issued March 31st, 1881, in pursuance of an entry, made October 29th, 1881, and denies the alleged entry of the plaintiffs, or that he had any knowledge of it. The following is the case on appeal: “…
1Opinion of the Court
Davis, J.,
(after stating the facts). § 2756 of The Code, directs the manner in which entry-takers shall be elected, and the following section provides that, in cases of vacancies, the Register of Deeds shall discharge the duties of entry-taker.
The entry-taker is required to give bond for the faithful discharge of his duties, and to take an oath of office. Iiis duties are clearly defined. § 2765 prescribes the manner in which entries and grants shall be made and issued. By re^ ference to that section, it will be seen that none of its provisions have been complied with by the plaintiffs.
The…
2Cited by1 opinion
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