Johnston v. . Shelton
Supreme Court of North Carolina
Cause removed from the Court of Equity of Haywood County, at the Fall Term, 1845. The case, as far as .concerns the questions determined, in the Supreme Court, was as follows : On the 30th day of August, 1842, the plaintiffs made their entries, in the office of the entry-taker of vacant land in the County of Haywood.
Read the full summary
Cause removed from the Court of Equity of Haywood County, at the Fall Term, 1845. The case, as far as .concerns the questions determined, in the Supreme Court, was as follows : On the 30th day of August, 1842, the plaintiffs made their entries, in the office of the entry-taker of vacant land in the County of Haywood. The first was, “ No. 1440, for 640 acres of land, beginning on the line dividing the Counties of Haywood and Macon, at a point at or near Lowe’s Bear-pen on the Hogback Mountain, and running various courses for complement.” The two others were, each, for 640 acres adjoining the…
1Opinion of the CourtRuffin, C. J.
Without wading through the voluminous depositions, or discussing the various points of fact that arise on them, the Court may safely decide this cause «pon the insufficiency of the plaintiffs’ entry. Its vagueness renders it void, as against a subsequent enterer, who surveys and pays his money before the plaintiffs had made their entry more specific, if the expression may be allowed, by-a survey, identifying the land they meant to appropriate. The construction of the entry laws, contended for by the plaintiffs, would change the meaning of them entirely, from what they have been understood;…
Also in this document: Per curiam.
2Cited by6 opinions
- Fisher v. . OwenSupreme Court of North Carolina · 1907
- Call v. . RobinettSupreme Court of North Carolina · 1908
- Wallace v. . BarlowSupreme Court of North Carolina · 1914
- Lovin v. . CarverSupreme Court of North Carolina · 1909
- Cain v. . DowningSupreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.