Mockridge v. Howerton

• Decision Date: 31 January 1875
• Citation: 72 N.C. 221
• Court: North Carolina Supreme Court
• Parties: E. T. MOCKRIDGE v. W. H. HOWERTON, Secretary of State.

72 N.C. 221

E. T. MOCKRIDGE

v.W. H. HOWERTON, Secretary of State.

Supreme Court of North Carolina.

January Term, 1875.

Before the Act of January 21st, 1870, Bat. Rev. Chap. 41, Sec. 2, non-residents had no right to make entries of, or take out grants for, the vacant land of the State. Since the passage of that Act, a resident of another State coming into this State, with the intention of becoming a bona fide resident, and entered vacant land, was of right entitled to receive grants for the same: Provided, he moved and settled here within the time required to perfect his entries.

CIVIL ACTION, praying a Mandamus to the defendant, commanding him to issue certain grants, tried before his Honor, Judge Watts, at Chambers in the county of WAKE, on the 15th day of January, 1875.

His Honor, at the hearing of this case, with the consent of the parties found the facts, substantially as stated in the opinion of the Chief Justice, and granted the prayer of the plaintiff, by ordering a Mandamus to issue to the Secretary of State, commanding him to issue grants upon the entries made by the plaintiff.

From this judgment, the defendaut appealed.

Hargrove, Attorney General and Smith & Strong, for appellant .

Battle & Son, Shipp & Bailey and Flemming, contra .

PEARSON, C. J.

The plaintiff, who was a resident of the State of Pennsylvania, in 1872, came to this State with the purpose of setting here, and made entries of the land in question; he never abandoned his purpose and in 1874, returned to this State with his family, in time to perfect his entries by surveys, and payment of the amount required by statute and taking out grants. The defendant refused to issue grants. We are of the opinion that the case of the plaintiff is covered by the letter and spirit of the act of 1869-'70. Bat. Rev. chap. 41, see. 2 ^a1 , and that it was the duty of the defendant, without any discretion on his part, to have issued the grants. Before the act referred to, it was the policy of the law not to allow any one who was a non-resident, to make entries of vacant land, and acquire title at the low prices fixed by statute. Non-residents had no right to make entries of, or to take out grants for, the vacant land of this State. But it was deemed wise in 1869-'70, for the purpose of encouraging persons to move and settle here, to relax the law, to the extent of allowing persons who intended to settle in this State and become resident citizens, to make entries of vacant land before they had actually removed and settled...