Barnett v. . Woods
Supreme Court of North Carolina
Cause removed from the Court of Equity of Cherokee county. The General Assembly of this State, at its session of 1850, passed an act entitled “ an act to authorise the sale of the refused land, owned by the State, in the counties of Cherokee .and Macon,” which, in section 7, enacts as follows: Whereas, many poor persons being destitute of homes, have settled upon the unsurveyed lands in the county of Cherokee, &c., all persons, who, prior to the 1st of January, 1851, resided…
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Cause removed from the Court of Equity of Cherokee county. The General Assembly of this State, at its session of 1850, passed an act entitled “ an act to authorise the sale of the refused land, owned by the State, in the counties of Cherokee .and Macon,” which, in section 7, enacts as follows: Whereas, many poor persons being destitute of homes, have settled upon the unsurveyed lands in the county of Cherokee, &c., all persons, who, prior to the 1st of January, 1851, resided on said lands, or had made any improvements thereon, which add value to the land, shall be entitled to a pre-emption…
1Opinion of the CourtPbaesoN, C. J.
Eejecting the general charges of fraud, made by the bill, as surplusage, the equity of the plaintiff is put upon two grounds.
1st. The defendant, in locating his grant, did not observe the directions of the statute which requires that it should be in a square or an oblong paralellogram, so as not to be more than twice as long as it is broad, but fraudulently located it in such a form as to include the plaintiffs improvement, whereas, by running up the mountain, the defendant could and ought to have located his one hundred acres, so as not to interfere with the plaintiffs improvement, and…
2Cited by6 opinions
- Avery v. . StrotherSupreme Court of North Carolina · 1802
- Brothers v. . CartwrightSupreme Court of North Carolina · 1855
- Den on Demise of Strother v. CatheySupreme Court of North Carolina · 1807
- Stanmire v. . PowellSupreme Court of North Carolina · 1852
- Trustees of the University v. . SawyerSuperior Court of North Carolina · 1799
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