Gibson v. . Shearer

Supreme Court of North Carolina

Gibson v. . Shearer

5 N.C. 114

DecidedJune 5, 1806

StatusPublished

This text of 5 N.C. 114 (Gibson v. . Shearer) 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

Gibson v. . Shearer, 5 N.C. 114 (N.C. 1806).

Pincite

Opinion

From Salisbury. This deed is totally void, inasmuch as the common law does not permit a right of entry to be transferred or sold, and for the reason assigned in Co. Lit., 214, "to avoid maintenance, suppression of right, and stirring up suits; and therefore nothing in action, entry or re-entry can be granted over; for so under color thereof pretended titles might be granted to great men, whereby right might be trodden down and the weak oppressed, which the common law forbiddeth; as men to grant before they be in possession." This question has been so often decided in this State that the Court thought it had long since been at rest and would never be revived. Let judgment be entered for (115) the defendant.

NOTE. — This has been changed by statute, Rev., 400; Burnett v.Lyman, 141 N.C. 500. — W. C. *Page 83

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

From Salisbury. This deed is totally void, inasmuch as the common law does not permit a right of entry to be transferred or sold, and for the reason assigned in Co. Lit., 214, "to avoid maintenance, suppression of right, and stirring up suits; and therefore nothing in action, entry or re-entry can be granted over; for so under color thereof pretended titles might be granted to great men, whereby right might be trodden down and the weak oppressed, which the common law forbiddeth; as men to grant before they be in possession." This question has been so often decided in this State that the Court thought it had long since been at rest and would never be revived. Let judgment be entered for (115) the defendant.

NOTE. — This has been changed by statute, Rev., 400; Burnett v.Lyman, 141 N.C. 500. — W. C. *Page 83

Cite This Page — Counsel Stack

Bluebook (online)

5 N.C. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-shearer-nc-1806.

Opinion

Related

Cite This Page — Counsel Stack