# Avery v. . Strother

> Supreme Court of North Carolina · July 5, 1802 · 1 N.C. 558

URL: https://www.frixlaw.com/law-library/cases/3668101

## Case

- **Full name:** Waightstill Avery v. John Strother. &8212 Conf., 434.
- **Court:** Supreme Court of North Carolina
- **Decided:** July 5, 1802
- **Citations:** 1 N.C. 558
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** MACAY, TAYLOR, and HALL, JJ.
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3668101

## Opinion text

By the Act of Assembly, passed in the year 1783, chap. 2, sec. 5, the land in question was included within the Indian boundaries, and reserved to the Cherokee nation; by the Act of 1778, chap. 2 sec. 5, all entries and surveys of land, which had been made or thereafter should be made within the Indian boundaries, were declared to be utterly void, and of no force or effect, and by the Act of 1778, chap. 2 sec. 5, all such entries and grants therein are declared utterly void. The plaintiff's entry was made within the Indian boundaries; consequently his entry and grant are both void, and therefore, he has no title to the premises in question.
Judgment for the defendant.
Cited: Strother v. Cathey , 5 N.C. 164 ; Stanmire v. Powell , 35 N.C. 315 ; Barnett v. Woods , 58 N.C. 433 ; Harris v. Norman , 96 N.C. 62 ; Brown v. Brown , 103 N.C. 216 ; Gilchrist v. Middleton , 107 N.C. 679 ; Brown v. Smathers , 188 N.C. 174 .
NOTE. — See on the first point, Lunsford v. Bostion , 16 N.C. 483 . See, also, act, 1 Rev. Stat., ch. 42, sec. 29, which validates such entries and grants under certain circumstances. *Page 478
(564)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3668101. Public record. Not legal advice.