Roberts v. . Preston
Supreme Court of North Carolina
Civil ACTION, to recover damages for trespass on land, tried before Graves, J, at Fall Term, 1887, of Chowan Superior Court. Judgment for defendant; plaintiffs appealed. The record is voluminous, and the statement of the case is a length}' one, but as only two exceptions appear in the record, only so much of the case is stated here as is necessary 'to the full understanding of these exceptions.
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Civil ACTION, to recover damages for trespass on land, tried before Graves, J, at Fall Term, 1887, of Chowan Superior Court. Judgment for defendant; plaintiffs appealed. The record is voluminous, and the statement of the case is a length}' one, but as only two exceptions appear in the record, only so much of the case is stated here as is necessary 'to the full understanding of these exceptions. In the progress of the trial it appeared that Mills Roberts, under whom the plaintiffs claim, owned two adjoining farms, one called Long Beach and the other Long Lane, on Albemarle Sound, in Chowan…
1Opinion of the Court
Davis, J.,
(after stating the facts). The instructions of the Court to the jury are set out in the case stated on appeal, but as it is stated that no written instructions were asked and no exceptions were taken to thofee given, they are immaterial for the purpose of this appeal.
No courses and distances are mathematically given in the deeds under which either plaintiffs or defendant claim. Both claim under titles derived from Mills Roberts, and this action grows out of a controversy as to where the boundary between the tracts of land claimed by them respectively is. On the trial much evidence…
2Cases cited4 opinions
- Halstead v. . MullenSupreme Court of North Carolina · 1885
- Mason v. . McCormickSupreme Court of North Carolina · 1881
- Davidson v. . ArledgeSupreme Court of North Carolina · 1887
- Kitchen v. . WilsonSupreme Court of North Carolina · 1879
3Cited by5 opinions
- Euliss v. . McAdamsSupreme Court of North Carolina · 1891
- Hill v. Dalton.Supreme Court of North Carolina · 1905
- Haddock v. . LearySupreme Court of North Carolina · 1908
- Shaffer v. . GaynorSupreme Court of North Carolina · 1895
- Woodard v. . HarrellSupreme Court of North Carolina · 1926