Trustees of the University v. Sawyer, 3 N.C. 98, 2 Hayw. 98 (1799)

April 1799 · North Carolina Superior Court

3 N.C. 98, 2 Hayw. 98

Trustees of the University vs. Dennis Sawyer.

'C'JECTMENT. The laud was formerly'granted to a man who went away before the yTear 1771, and has never been since heard of. In 1780, part of the same land was granted by the state to another, whose title came to the defendant; and ia 1788, another part was granted to another person, whose title came to the defendant, it was insisted for the defendant, that the state at the time of these grants, was entitled to the lands, either by escheat or confiscation : and having granted the same to those under whom the defendant claims, could not afterwards ■make a valid grant of the same lands to the University ; and secondly7, supposing the grants to those under whom the defendant claims, may be voidable ; as having issued under a mistake, occasioned by a misrepresentation on the part of the gjantees, of the state’s title to them ; they cannot be avoided in a writ of ejectment.

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.