{
  "id": 8686184,
  "name": "HENRY FULLER against MICHAEL WILLIAMS",
  "name_abbreviation": "Fuller v. Williams",
  "decision_date": "1853-06",
  "docket_number": "",
  "first_page": "162",
  "last_page": "164",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Busb. Eq. 162"
    },
    {
      "type": "official",
      "cite": "45 N.C. 162"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "1 Dev. & Bat. Eq. 369",
      "category": "reporters:state",
      "reporter": "Dev. & Bat. Eq.",
      "case_ids": [
        11275067
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/21/0369-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T19:33:11.169927+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HENRY FULLER against MICHAEL WILLIAMS."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nThe bill stated that the defendant, on the 14th 'day of December, 1846, made an entry in the entry taker\u2019s office for the county of Randolph, in the words and figures following : \u2014 \u201c No. 528, Michael Williams enters 50 acres of land on the waters of Uharee, both sides adjoining the lands of Robert Walker, Henry Fuller and his own, and runs for complement, Dec. 14, 1846.\u201d That on the 2nd day of January, 1847, he, the plaintiff, made an entry in the same office as follows : \u2014 \u201c No. 535, Henry Fuller enters 100 acres of land on the waters of Uharee adjoining the lands of his own, and runs for complement, January 2nd, 1847.\u201d * The bill then alleged that the defendant, with full knowledge of the location of the plaintiff\u2019s entry, changed his location, and on the 10th of May, 1847, procured a grant from the State for land covering in part that located by the plaintiff, and for which he obtained a grant on the 13th day of November, 1849. The defendant put in an answer in which he denied that, he had changed the location of his entry ; denied further that he had any knowledge of the location of the land made by the plaintiff, and insisted that his entry was so vague and indefinite, that he could not show where the land was situated. A replication to the answer was filed, and the parties, after completing their proofs, had the cause set for hearing and transferred to this Court.\nAn examination of the proofs in this case is unnecessary, for it appears upon the face of the bill that it cannot be sustained. The plaintiff\u2019s entry contains a description, so vague, indefinite and uncertain, that until actually surveyed and located, it cannot identify any particular parcel of land, and consequently cannot give such notice as will affect any other person who makes an entry, has it surveyed, and takes out a grant. The defendant\u2019s entry was in truth prior to that of the plaintiff, and much more definite ; but if it had not been, the recent case of Munroe v. Mc Cormick, 6 Ire. Rep., 85, is a direct authority against the right of the plaintiff to the relief which he seeks. In that case, which is founded upon the previous ones of Harris v. Irving, 1 Dev. & Bat. Eq. Rep., 369, and Johnson v. Shelton, 4 Ire. Eq. Rep., 85, it is said that \u201c When one makes an entry so vague as not to \u201c identify the land, such entry does not amount to notice, and \u201c does not give any priority of right as against another individual, \u201cwho makes an entry, has it surveyed, and takes out a grant. \u201c By a liberal construction of the law, such entries are not void \u201c as against the State. It is not material to the State what vacant \u201c land is granted ; but such entries are not allowed to interfere \u201c with the rights of other citizens, and are not susceptible of being \u201c notice to any one, because they have no identity.\u201d\n\u201c When an entry is vague, it acquires no priority until it \u201c is made certain by a survey. The good sense of this principle. \u201c.will strike every one as soon as it is suggested.\u201d\nThe plaintiff\u2019s entry in this case, being too vague to identify any particular-piece or parcel of land, and not having been made certain by a survey, before the defendant obtained his grant, the bill cannot be sustained, and must be dismissed with costs.\nPer Curiam. Bill dismissed.",
        "type": "majority",
        "author": "Battle, J."
      }
    ],
    "attorneys": [
      "Morehead, for the plaintiff.",
      "Miller, for the defendant."
    ],
    "corrections": "",
    "head_matter": "HENRY FULLER against MICHAEL WILLIAMS.\nAn entry in these words \u2014 \u201c No. 535, H, F. enters 100 acres of land on the waters of Uharee adjoining the lands of his own, and runs for complement January 2d 1847 \u201d is so vague, that until actually surveyed and located, it can give no such notice as will affect any other person who makes an entry, has it surveyed, and takes out a grant.\n(The cases of Munroc v. Me Cormiclc, 6 Ire. Eq. 85; Harris v. Ewing, 1 Dev. & Bat. Eq. 369, and Johnson v. Shelton, 4 Ire. Eq. 85, cited and approved.)\nThis cause was transmitted to this Court from the Spring Term, 1852, of the Court of Equity of Randolph county. The pleadings and facts are sufficiently stated in the opinion delivered by the Court.\nMorehead, for the plaintiff.\nMiller, for the defendant."
  },
  "file_name": "0162-01",
  "first_page_order": 170,
  "last_page_order": 172
}