Legal Opinion

Boyden v. . Hagaman

Supreme Court of North Carolina

Decided May 19, 1915PublishedCited by 2 opinions

Appeal by plaintiff from Harding, J., at November Term, 1914, of Caldwell. Civil action of trespass to realty, involving also an issue of title.

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Appeal by plaintiff from Harding, J., at November Term, 1914, of Caldwell. Civil action of trespass to realty, involving also an issue of title. There were facts in evidence tending to show that, in 1880 and 1881, John A. Boyden, now deceased, acquired title to several hundred acres of land in Caldwell County, lying on both sides of Buffalo Creek, a portion of which he held in his own right under a deed from Thomas Pipes, and the remainder he held under a deed of trust from E. P. Cottrell to secure a debt due to his wife, Mary; that Cottrell lost his right of redemption by reason of adverse…

1Opinion of the CourtHoke, J.

We have given the case most careful consideration and find no error in the proceedings below, assuredly none that gives the plaintiffs any just ground of complaint.. The beginning corner of defendant’s deed, at the junction of Joe’s Fork and Buffalo Creek, was admitted, and there was no dispute between the parties as to the location of the lines around the northwestern and northern part of the land from that point to the figure 9, the northeastern corner of the land, being the point where the “John Hawkins line meets the Thomas Hawkins line,” as set out in defendant’s deed.

There were facts in…

2Cases cited8 opinions

  1. Den. on Dem. of Corn v. McCrarySupreme Court of North Carolina · 1856
  2. Magee v. . BlankenshipSupreme Court of North Carolina · 1886
  3. Den Ex Dem. Shultz v. YoungSupreme Court of North Carolina · 1843
  4. Clifton v. . FortSupreme Court of North Carolina · 1887
  5. Den Ex Dem. Hurley v. MorganSupreme Court of North Carolina · 1835

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3Cited by2 opinions

  1. Sandifer v. . FosterSuperior Court of North Carolina · 1795
  2. Millard v. . SmathersSupreme Court of North Carolina · 1917

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