Washington County, NC - Den on Demise of Hardy v. Jones, 1811 From Washington In ejectment the lessor of the plaintiff claimed title under a grant describing the lands as confiscated lands, the property of A. B. It is incumbent on him to show that the lands had been confiscated, to authorize the issuing of the grant. For the grant shows title was once out of the State, and accounts for its being again in the State by averring the fact of confiscation. This fact must be proved, otherwise it does not appear that the State had any authority to make the grant. The lessor of the plintiff claimed title under a grant from the State, by which the lands in question were granted to him as confiscated lands, the property of Governor White; and it was objected by the defendant that it was incumbent on him to prove that the land had been confiscated, to authorize the issuing of the grant. The presiding judge overruled the objection, and there was a verdict for the plaintiff. A rule for a new trial being obtained, the same was sent to this Court. By the Court. It appears from the plaintiff's own showing that the title to the lands was once out of the State and in Governor White. The State cannot resume this title at her pleasure, and pass it by grant to the lessor of the plaintiff; nor has she pretended to do such an act; but in the grant she declares that the lands of Governor White had been confiscated, and the title to them vested in her by the confiscation. If this be true, the State had a right to grant the lands to the lessor of the plaintiff; but if not true, the State had no such right. The fact of confiscation is therefore necessary to be proved before any validity can attach to this grant. The rule for a new trial must be made absolute. Source: NC Reports July Term, 1811 NC Supreme Court Pg 43 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________