Doe on Demise of Taylor v. Roe
Supreme Court of North Carolina
From Iredell. Ejjsctmejvt. The plaintiff’s lessor claimed the land in dispute, lying in Lincoln county, by virtue of a grant issuing to his father in 1768 from the crown of Great Britain. The defendant claimed the land under a grant from the state of North-Carolina of recent date; and contended, that the land was within the boundaries of Earl Gran-mile's grant, which being antecedent to that under which plaintiff claimed, the latter conveyed nothing to plaintiff.
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From Iredell. Ejjsctmejvt. The plaintiff’s lessor claimed the land in dispute, lying in Lincoln county, by virtue of a grant issuing to his father in 1768 from the crown of Great Britain. The defendant claimed the land under a grant from the state of North-Carolina of recent date; and contended, that the land was within the boundaries of Earl Gran-mile's grant, which being antecedent to that under which plaintiff claimed, the latter conveyed nothing to plaintiff. On the trial below, before Nash, Judge, it appeared that, from the year 1753, acts of the legislature of JNorth-Carolina had been…
1Opinion
It is contended by the counsel for the defendant that were it true that the sovereign power, like an individual, could be (127) estopped, yet where the conveyance is by grant without warranty, express or implied, as in the present case, there can be no estoppel; and he refers the estoppel arising from bargains and sales, and other conveyances deriving their efficacy from the statute of uses, entirely to the express warranties which are attached thereto; and in feoffments, to the implied warranty arising thereon before the statute of quia emptores, from the services due from the feoffee and…
2Cases cited12 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Cooley v. . LeeSupreme Court of North Carolina · 1915
- Buchanan v. Harrington.Supreme Court of North Carolina · 1906
- Weeks v. Wilkins.Supreme Court of North Carolina · 1905
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