University v. Foy [1]
University v. Foy
University v. Foy, a case decided by the North Carolina Supreme Court [2] in 1805, was brought by the University of North Carolina [3] to protect property it had acquired pursuant to its statutory right to escheats [4]-property owned by a person who dies without a will or known heirs and which passes to the state. The political background of the case was a struggle between the Anti-Federalists [5], who controlled the General Assembly [6], and the university, described as a "hotbed of Federalists [7]." In an early exercise of judicial review, the state supreme court upheld the university's right to the property.
Additional Resources:
Knight, Edgar W. "North Carolina's 'Dartmouth College Case'." The Journal of Higher Education 19. No. 3. March 1948. p.116-122. http://www.jstor.org/stable/1975970 [8] (accessed August 28, 2012).
1 January 2006 | Orth, John V.