¶1 The legal title of this land was unquestionably in McCulloch on the 4th July, 1776, Michael having only an equitable right, in the assertion of which a court of equity would have aided him upon his paying the purchase money. It was therefore rightfully the subject of confiscation as the property of McCulloch, and was accordingly confiscated and vested in the State, from whom the plaintiff derives his title. The extent of the defendant's claim upon the justice of the State, or how far a court of equity would interfere against the present plaintiff, on the ground of notice, it is neither necessary nor proper that we should decide upon the present occasion.
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Case posture Posture The following case agreed by the counsel of the parties: On the 8th day of December, in the year of our Lord, 1772, Henry Eustace McCulloch sold for and in consideration of the sum of ___________ pounds, three hundred and thirty-one acres of land, being the land in question, to Frederick Michel, father of the defendant; that said McCulloch executed a bond to said Michael at the time of the said sale, in the words following, to wit: Know all men by these presents, that I, Henry Eustace McCulloch, of the Province of North Carolina, bind and oblige myself to Frederick Michael, of Rowan County, in the penal sum of four hundred pounds, proclamation money — conditioned to be void on my making him, or such person as he shall direct, in writing, a good and sufficient deed, right and title forever, to three hundred and thirty-one acres of land lying on both sides of Swearing Creek, as the same was surveyed the 11th day of November last, on the payment of a certain bond given by the said Michael to the said Henry Eustace McCulloch, and bearing even date herewith; that the said Frederick Michael entered upon and took possession of the land aforesaid, and continued in possession of the same until his death; and that the defendant has been in possession ever since; that there was paid to the said H. E. McCulloch, by said Frederick Michael, £ 12 on the 23d day of December, 1772; that there was paid to Thomas Tronhock , attorney-in-fact for said McCulloch, £ 11 18s by said Frederick Michael, on the 4th of February, 1773; and that these payments were made in part discharge of said bond given by said Michael to said McCulloch, for the aforesaid land; that the lands aforesaid were sold by the commissioner of confiscated property, and purchased by the plaintiff, who hath obtained a grant from the (299) State for the same, dated the 8th day of November, 1784, and that suit was brought by the plaintiff in May, 1791, and that all the lands, tenements, and hereditaments of said Henry Eustace McCulloch, and every right, title, and interest which he had on lands in the State of North Carolina on the 4th day of July, 1776, were confiscated, forfeited, and vested in the said State, and that the said lands were sold upon the ground of the right to the same being in said H. E. McCulloch on the said 4th day of July, 1776; and it is further agreed that at the
time the plaintiff purchased said land of said commissioner, he knew that said Michael had purchased said land in manner before mentioned from said H. E. McCulloch. Source: CourtListener
