Phelps v. Chesson.
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Washington County, at the Spring Term 1849, his Honor Judge Manly presiding. This was an -action of trespass m et ramis, quare dausum fregit.
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Appeal from the Superior Court of Law of Washington County, at the Spring Term 1849, his Honor Judge Manly presiding. This was an -action of trespass m et ramis, quare dausum fregit. The plaintiff claimed under Frazier and Davidson, -.to whose title he had succeeded, the grant having issued to them in 1797 for the land trespassed upon. , The plain-. tiff proved, that the defendant, in 1847 and early in 1848, entered upon the lands aforesaid and cut down, and made into shingles, a large quantity of lumber, and carried them away; and proved their value. The defendant showed in evidence a grant…
1Opinion of the CourtPcARsoy, J.
The defence relied on is, that the title of the plaintiff, derived under Frazier and Davidson, to whom the land was granted in 1797, had been divested by the act of 1842, ch. 36, sec. 1.
•• To this the plaintiff replies: first, supposing the act of 1842, to be constitutional, no proceeding had been taken, nor had the President and Directors of the Literary Fund in any way made an election to divest the plaintiff’s title by force of this Statute. Second, the Statute is unconstitutional.
- Our opinion being very clearly with the plaintiff on the fii-st point, we shall not enter into the…
2Cited by6 opinions
- Eason v. SpenceSupreme Court of North Carolina · 1950
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- Brittain v. TaylorSupreme Court of North Carolina · 1915
- McMillan v. Robeson CountySupreme Court of North Carolina · 1964
- Brittain v. . TaylorSupreme Court of North Carolina · 1915
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