Simpson v. . Blount
Supreme Court of North Carolina
Trespass ojiare cbausum eregit, tried on the fall circuit of 1839, at Beaufort, before his Honor Judge Bohnebr. 'The plaintiff claimed under a grant issued in' 1770, and deduced a regular title from the grantee to himself.
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Trespass ojiare cbausum eregit, tried on the fall circuit of 1839, at Beaufort, before his Honor Judge Bohnebr. 'The plaintiff claimed under a grant issued in' 1770, and deduced a regular title from the grantee to himself. He then, upon the point of possession, proved that the locus in quo was a swamp, entirely uncultivated, and that in the years 1774, 1814 and 1822, three several persons had, under a licence from him, cut timber on the land. . The defendant claimed under a grant dated in the year 1743, to one tiavmcl Boahvell, and one question in the oause was, whether this grant covered the…
1Opinion of the Court
Rueein, Judge.
The plat made by Cherry was not-evidence at all. If it was necessary and competent to prove the beginning of the line run by him, that had been done by tho witness himself, and the point designated, in his testimony to the jury, on the plat then before them, and made in this cause. The only purpose, for which admission of the other plat was sought, must have been to mislead the jury, by letting them see how Cherry ran the line from that beginning, in the hope that they would regard that as the true line. This conclusion they could not properly draw, either from' the fad that…
2Cited by14 opinions
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- Berry v. . McPhersonSupreme Court of North Carolina · 1910
- Coxe v. . CarpenterSupreme Court of North Carolina · 1911
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