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This article is from the Encyclopedia of North Carolina edited by William S. Powell. Copyright © 2006 by the University of North Carolina Press. Used by permission of the publisher. For personal use and not for further distribution. Please submit permission requests for other use directly to the publisher.

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University v. Foy

by John V. Orth, 2006

University v. Foy, a case decided by the North Carolina Supreme Court in 1805, was brought by the University of North Carolina to protect property it had acquired pursuant to its statutory right to escheats-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, who controlled the General Assembly, and the university, described as a "hotbed of Federalists." 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  (accessed August 28, 2012).

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