Doe on the demise of the Trustees of the Protestant Episcopal Church of Newbern v. Trustees of the Newbern Academy

Supreme Court of North Carolina

Doe on the demise of the Trustees of the Protestant Episcopal Church of Newbern v. Trustees of the Newbern Academy

9 N.C. 233

DecidedDecember 15, 1822

StatusPublished

This text of 9 N.C. 233 (Doe on the demise of the Trustees of the Protestant Episcopal Church of Newbern v. Trustees of the Newbern Academy) 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

Doe on the demise of the Trustees of the Protestant Episcopal Church of Newbern v. Trustees of the Newbern Academy, 9 N.C. 233 (N.C. 1822).

Pincite

Opinion

Per Curiam.

A possession of thirty-five years under an act of Assembly, must doubtless be considered a good title in law, according to the reason of all the decisions which have been made touching colour of title. It is not perceived on what ground any valid objection could be made to it;'for every presumption is to be made in favor of an act of the Legislature, and supposing it to be unconstitutional, non constat that this was known to the Defendants, and it still afforded a colour of title. The judgment must be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

A possession of thirty-five years under an act of Assembly, must doubtless be considered a good title in law, according to the reason of all the decisions which have been made touching colour of title. It is not perceived on what ground any valid objection could be made to it;'for every presumption is to be made in favor of an act of the Legislature, and supposing it to be unconstitutional, non constat that this was known to the Defendants, and it still afforded a colour of title. The judgment must be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

9 N.C. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-on-the-demise-of-the-trustees-of-the-protestant-episcopal-church-of-nc-1822.