Trustees of the University v. Gilmour, 3 N.C. 129, 2 Hayw. 129 (1800)

Oct. 1800 · North Carolina Superior Court

3 N.C. 129, 2 Hayw. 129

Trustees of the University vs. Gilmour.

ILMOUR sold some lots and a small piece of land in Halifax to Black,, and Black sold to Kay, who brought a bill for a specific performance, and had a decree for a conveyance from Gilmour — and then died before any conveyance, leaving his heirs aliens in the kingdom of Great Britain.

Per curiam,

after argument.

Johnston, Judge

The act giving escheat lands to the University, meant to substitute the University in the place of the pubiic, in regard to all such real property as fell to the state for want of heiis capable to take.-~ I therefore think the University are entitled. But they take the lands and lot, subject to the burthe'n of paying the money now due for it.

fuere, of the obligation upon the University; for he did not state any known principle nor cite any authority to shew that the debt did not descend as usual upon the heirs and executors of the purchaser ; nor any principle from whence it could be de» duced that lands should become liable to a specific lien which were not so at the death of the testator or purchaser.