Den Ex Dem. Avery v. Rose
Supreme Court of North Carolina
Ejectment, which was submitted to Seaweed, Judge, at Burke, on the Spring circuit of 1833, upon the following case agreed. The land described in the declaration, was granted in the year 1796, to one William Cathcart. On the 19th of November, in the year 1814, the taxes being unpaid, it was sold by the Sheriff, and was struck off to the Governor, no person offering to pay the taxes for less than all the land covered by the grant.
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Ejectment, which was submitted to Seaweed, Judge, at Burke, on the Spring circuit of 1833, upon the following case agreed. The land described in the declaration, was granted in the year 1796, to one William Cathcart. On the 19th of November, in the year 1814, the taxes being unpaid, it was sold by the Sheriff, and was struck off to the Governor, no person offering to pay the taxes for less than all the land covered by the grant. The Sheriff by deed, dated the 27th of July, conveyed the land to the Governor. This deed was, at July Term, 1815, of Burke County Court, in the words of an…
1Opinion of the Court
Ruerin, Chief-Justice
This case arises under the act of 1798, c. 492, and depends upon its sound construction. It recites that the mode of selling lands for taxes as then established by law, was. insufficient to secure the collection of the revenue; and then provides amongst other things, that, when no person will pay the taxes for a less quantity than the whole tract, it shall be deemed a purchase of the whole by the Governor, and the Sheriff shall execute a conveyance to him, and his successors, for the use of the State.; that it shall, be the duty of the Sheriff to perfect the deed, by…
2Cited by11 opinions
- Smith v. . Lumber CompanySupreme Court of North Carolina · 1906
- Bladen County v. . BreeceSupreme Court of North Carolina · 1938
- Worth v. . SimmonsSupreme Court of North Carolina · 1897
- New Hanover Shingle Co. v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1919
- Jones v. . GibsonSupreme Court of North Carolina · 1816
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