Superior Court of North Carolina, 1799

Trustees of the University v. Sawyer

Trustees of the University v. Sawyer
Superior Court of North Carolina · Decided April 15, 1799 · Haywood, Moore
3 N.C. 98
Trustees of the University v. Sawyer

Opinion of the Court

Per curiam. Moore and Haywood.

The officers authoris-ed by the government to sell and convey vacant lands, which had never appropriated by any grant, have sold and conveyed lands which had been thus appropriated ; they had no power for that purpose committed to them ; and all such sales and all grants in consequence thereof, are therefore void The court will not on a trial in ejectment, declare, that such grants shall be recalled and cancelled ; but they are bound by the express words of the act of 1777, ch. 1, sec. 3 & 9, to say they transfer no title to the grantee.

Verdict and judgment accordingly for the trustees.

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