Greenlee v. . Tate

12 N.C. 300

Opinion

Hart. Judge,

The question in this case, lies within narrow limits, It turns upon the fact, that the land in controversy, was surveyed by the ancestor of the Defendants, who entered it, and to whom a grant issued.

The principle which must decide this case against the Defendants, was established in the case of Avery v. Walker. It is there established, that no Deputy Surveyor shall be permitted to survey land for himself, and to that case I refer, instead of repeating the reasons there given in support of this position. The grant must be vacated.

Per Curiam. — Judgment reversed, and judgment for the Plaintiff.