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12 N.C. 300

Greenlee v. . Tate

Supreme Court of North Carolina

Decided December 5, 1827

Supreme Court of North Carolina · decided 1827-12-05

From Burke. This was a petition to vacate a grant. From the petition it appeared, that the grant to the ancestor of the Defendants, issued in November, 1802 ; that in July,' 1820, a grant for a part of (he same land issued to the Plaintiff. The petition charged, that William Tate, the grantee in rhe first grant, surveyed and located his warrant of survey himself. From the petition and answer, the following issues were made up, and submitted to a Jury : 1.

Decided 1827-12-05

Hart. Judge,

¶1 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.

¶2 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.

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

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