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10 N.C. 319

Terrell v. Logan

Supreme Court of North Carolina

Decided December 15, 1824

Supreme Court of North Carolina · decided 1824-12-15

I From Rutherford. Petition to vacate a grant. The petitioners set forth, that on the .5th of June, 1817, they entered a tract of land in Rutherford county, and on the 18th of November, 1818, obtained a grant for the same; but that one David Miller, late entry taker of Rutherford, made an entry in his own office for the land, or a part thereof, without having made any entry before a justice of the peace for the county, and without any justice of the peace making a return to…

Decided 1824-12-15

Hall, Judge.

¶1Miller is not a party to the proceedings now before the Court, and no decree, for that reason, can be made against him. We cannot, therefore, undertake to vacate the grant complained of, which the . state made to him.

¶2The act of 1793, which gives this court jurisdiction in regard to grants, does not give it jurisdiction with regard to mesne conveyances from one man to another. Therefore we have no power to disturb the conveyances made to Logan, and to those under whom he claims. Whatever title he may have by possession, under colour of those mesne conveyances, we must leave him in thq undisturbed possession of. I agree in opinion with the judge in the Superior Court, that the petition must bf dismissed with costs.

•The other Judges concurred,
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