Trustees of the University v. Sawyer, 1 N.C. 114, 1 Tay. 114 (1799)

April 1799 · North Carolina Superior Court

1 N.C. 114, 1 Tay. 114

Trustees of the University versus Sawyer.

Grants of escheated or confiscated land, by officers appointed to convey vacant land are void.

EJECTMENT. The land was originally granted to a person who left the state before the year 1771, since which time he has never been heard of. In the year 1780 part or the same tract was granted to a person, whose title hath devolved to the defendant, and in the year 1788 another part of the same tract was granted to another person whose title had likewise come to the defendant.

It was argued for the defendant, that the state, at the time of these respective grants, was entitled to the land, either by escheat or confiscation ; and having granted them to persons under whom the defendant claims, could not afterwards make a valid grant of the same lands, to the University.

But secondly, supposing the grants under which the defendant claims to be voidable, as having issued by a mistake occasioned by the misrepresentation of the grantees ; nevertheless, they cannot be avoided on a trial in ejectment. But,

By

the Court.

The officers authorized by the goverment to sell and convey vacant lands, which had never been appropriated by any grant, have sold and conveyed lands, which have been thus appropriated : to this, their power did not extend, and consequently, all such sales and grants are void. The court will not, on the trial of an ejectment, declare that grants thus circumstanced, shall be recalled and cancelled; but they are bound by the positive terms of the act of 1777, cap. 1. sec. 8 and 9, to declare that they transfer no title.

Verdict for the Plaintiffs.