Wiggins v. Rogers
Supreme Court of North Carolina
Civil actioN, tried at September Term, 1917, of Gbaham. Tbe action was brought to recover, a parcel of land the ownership of which depended on the true location of the dividing line between the parties who were adjoining proprietors. The jury returned a verdict for the defendant, and plaintiff appealed from the judgment entered thereon.
1Opinion of the Court
Walkeb,, J.
The exceptions were all taken to the admission or exclusion of evidence. It will be necessary to consider only two or three of them.
1. Plaintiff proposed to show that the line had been run some years before the time of the trial by Posey Hyde, and that the respective owners had recognized it as the line of division between them for many years. This evidence was excluded by the Court, but we think it was competent, not to change the boundaries of the land (Davidson v. Arledge, 97 N. C., 172), or, in other words, to show that the parties had orally agreed upon a line different from…
2Cases cited4 opinions
- Haddock v. . LearySupreme Court of North Carolina · 1908
- Barfield v. . HillSupreme Court of North Carolina · 1913
- State v. . ChampionSupreme Court of North Carolina · 1895
- Wood v. of WoodSupreme Court of North Carolina · 1819
3Cited by8 opinions
- Midgett v. . NelsonSupreme Court of North Carolina · 1937
- Taylor v. MeadowsSupreme Court of North Carolina · 1918
- Andrews v. AndrewsSupreme Court of North Carolina · 1960
- Taylor v. . MeadowsSupreme Court of North Carolina · 1918
- Smothers v. SchlosserCourt of Appeals of North Carolina · 1968
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