Fish v. Lane.

Decided July 5, 1805

Superior Court of North Carolina · decided 1805-07-05

'T'HXS Bill in Equity stated that Fish discovered an error in the patent under which he held; by which error all the land be claimed was left out of his boundaries, It stated, that Lane represented to Fish that the law would not admit of a correction of the error; and advised Fish to employ him, Lane, to cover it with a warrant he had, to obtain a grant in his name, and to convey to Fish with warranty.

Decided 1805-07-05

Taylor, Judge.

¶1 It is also stated, that the present defendant^ on the trial'at law, concealed facts which, if they had been known, would have prevented his recovery. Concealment of material facts is a good ground for corning into this court after a trial at law.

¶2 The bill was therefore not dismissed, but on issues, was made up and tried.

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Case posture

Posture: THIS bill in equity stated that Fish discovered an error in the patent under which he held, by which error all the land he claimed was left out of his boundaries. It stated that Lane represented to Fish that the law would not admit of a correction of the error, and advised Fish to employ him (Lane) to cover it with a warrant he had to obtain a grant in his name, and to convey to Fish with warranty. It stated, also, that Lane engaged to take the notes of the complainant and his brother, and to return the notes to the plaintiff should he ever get the error rectified; and that the error was rectified, and that Lane would not give up the note, but sued upon it and recovered. It was objected for the defendant that the matter here stated might have been proved at law, and the plaintiff would thereupon have had the same relief as he now seeks.

Source: CourtListener

Court

Superior Court of North Carolina