Trustees of the N. C. Endowment Fund v. Satchwell
Supreme Court of North Carolina
Civil actioN for the recovery of real estate, tried on demurrer before Clarlie J., at the Fall Term, 1873, of Wilsok Superior Court. It was alleged in the complaint that the plaintiff was a corporation duly organized under an act of our General Assembly, ratified 12th December, 1863; that it was entitled to the possession of certain real estate in the town of Wilson, N. C., and that the defendant withholds possession thereof.
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Civil actioN for the recovery of real estate, tried on demurrer before Clarlie J., at the Fall Term, 1873, of Wilsok Superior Court. It was alleged in the complaint that the plaintiff was a corporation duly organized under an act of our General Assembly, ratified 12th December, 1863; that it was entitled to the possession of certain real estate in the town of Wilson, N. C., and that the defendant withholds possession thereof. To this complaint defendant demurred, alleging as ground's of demurrer that the said act of incorporation is illegal and void, in that it was passed in aid of the…
1DissentEodMAN, J.
It is contended that the act of 12th December, 1863, incorporating the plaintiff, is void, by reason of its manifest tendency to aid and encourage the rebellion then existing. All the questions which can. be made in this case, arise upon the complaint and the demurrer. There is no plea averring as a fact, an illegal intent in the Legislature in-enacting -the act, or in the parties incorporated. No evidence outside of the act, therefore, can be resorted to to establish such intent. If it does not appear as a legal inference ■ on the face of the act, it cannot be found as a fact in the present…
2Cases cited4 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
- H. J. and John McNeill v. . Flora RiddleSupreme Court of North Carolina · 1872