Legal Opinion

City of Southport v. Stanly

Supreme Court of North Carolina

Decided December 19, 1899PublishedCited by 15 opinions

Aotkov OK Ejectment, tried before Allen, J., at March Term, 1898, of the Superior Court of BeuNswioe County. Jury trial waived. The pr< sent town of Southport was originally incorporated and hnovfn as Smithville. The Commissioners of Smith-.ville had conveyed to W. IT. Craig, in 1883, by lease for 99 years, a portion of a town lot reserved in the charter for the nse of the town.

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Aotkov OK Ejectment, tried before Allen, J., at March Term, 1898, of the Superior Court of BeuNswioe County. Jury trial waived. The pr< sent town of Southport was originally incorporated and hnovfn as Smithville. The Commissioners of Smith-.ville had conveyed to W. IT. Craig, in 1883, by lease for 99 years, a portion of a town lot reserved in the charter for the nse of the town. Craig conveyed his interest in the unexpired lease to the defendant in 1892, and she is in possession. The authorities of Southport being of opinion that the lease made by their predecessors was ultra vires, brought…

1Opinion of the Court

MoNtcíoMERYj J.

This is an action brought by the plaintiffs to recover the possession of a piece of land situated in the town of Southport. The town of Southport was originally incorporated in 1192, under the name of Smithville. The name Smithville was changed to Southport by an Act of Assembly of 1881, but no other changes were made by the last-mentioned act in the provisions of the old charter. Under the original charter, 150 acres of the State’s lands were appropriated to the town of Smithville, and were vested in certain Commissioners and trustees named in the charter. These Commissioners…

2Cases cited1 opinion

  1. Moose v. . CarsonSupreme Court of North Carolina · 1889

3Cited by15 opinions

  1. Brockenbrough v. Board of Water CommissionersSupreme Court of North Carolina · 1903
  2. City of Asheville v. HerbertSupreme Court of North Carolina · 1925
  3. Blanding v. City of Las VegasNevada Supreme Court · 1929
  4. City of Winston-Salem v. SmithSupreme Court of North Carolina · 1939
  5. Turner v. Commissioners of HillsboroSupreme Court of North Carolina · 1900

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