Opinion · Supreme Court of North Carolina

Terrell v. Manney.

6 N.C. 375

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1818-07-05
Topic
bankruptcy

Sbaweii, Judge, delivered the opinion of the Court: We have carefully examined the act of 1798,establish-ing a Court of Patents, in the hope we might be able to satisfy ourselves, that we are at liberty to determine this case upon principles of equity but the result is, that we find it impossible to do so, without a departure from the obvious meaning of the Legislature. The present proceedings are under that act, and besides the generality of the expressions used, the scire facias is directed to be awarded against the grantee, or patentee, the owner, or person claiming under such grant; and the act in substance declares, that if any grant shall appear upon verdict, or demurrer, to have been made against law, the Court shall vacate it: for us then to hold that the act did not extend to the case of an innocent purchaser, would be like adding a saving to the act of limitations. The Legislature, in its enumeration of cases, has mentioned precisely that in which the Defendant is placed; viz: a person claiming under the grant; and there is nothing from which it can be collected that he was to be more favoured than a purchaser with notice. This act, in its operation, must be construed like the act declaring gaming bonds void, by which, as the Legislature ias made no savings, all gaming bonds into whatever bands they may come, are absolutely void. Then as to the other part of the case, whether this jrant was made against law, we think there cam be no loubt.

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