Den on demise of Franklin v. Terrell

Supreme Court of North Carolina

Den on demise of Franklin v. Terrell

10 N.C. 283

DecidedDecember 15, 1824

StatusPublished

This text of 10 N.C. 283 (Den on demise of Franklin v. Terrell) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Den on demise of Franklin v. Terrell, 10 N.C. 283 (N.C. 1824).

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Opinion

Hall, Judge.

I think there can be no reason in this case for granting a new trial. It is set forth on the record that a tender was made of the taxes due on the, land; that tender, as to this question, was tantamount to a payment of them; and if no taxes were due, the marshal had no authority to sell. The consequence is, that the deed executed by him is of no more validity than if it had been executed by any other unauthorized person; and in this opinion my brethren concur.

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Hall, Judge.

I think there can be no reason in this case for granting a new trial. It is set forth on the record that a tender was made of the taxes due on the, land; that tender, as to this question, was tantamount to a payment of them; and if no taxes were due, the marshal had no authority to sell. The consequence is, that the deed executed by him is of no more validity than if it had been executed by any other unauthorized person; and in this opinion my brethren concur.

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Bluebook (online)

10 N.C. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/den-on-demise-of-franklin-v-terrell-nc-1824.