Legal Opinion

Euliss v. McAdams

Supreme Court of North Carolina

Decided September 15, 1888PublishedCited by 4 opinions

This was a special PROCEEDING to procession land, heard upon appeal from the Clerk, by Shipp, J, at Fall Term, 1888, of the Superior Court of Alamance County.

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This was a special PROCEEDING to procession land, heard upon appeal from the Clerk, by Shipp, J, at Fall Term, 1888, of the Superior Court of Alamance County. The petition was filed under §1926 of The Code, and, after setting out the boundaries of the land of the petitioner, alleges: “That some of the dividing lines between Joseph McAdams and your petitioner, to-wit: From a stone and pointers, his (McAdams) corner, N. 8 chains to a stake; thence W. 24 chains to pointers; thence S. 9.50 chains to the beginning, are in dispute,” and asks for an order directing the processioning of his land.…

1Opinion of the Court

Davis, J.,

(after stating the case.) There was a vast deal of unnecessary and irrelevant matter sent up with the record, some of it evidence, and much of which no doubt would have been material in settling the boundary line in *397dispute in the trial of the cause in the Superior Court in Term, if the report of the survey and proceedings of the freeholders and processioner had disclosed what that dispute-was. It is impossible, either from the report or the plat to see what the conflicting claims of the disputing parties were. It is true the report speaks of the line “ established and…

2Cases cited2 opinions

  1. Forney v. . WilliamsonSupreme Court of North Carolina · 1887
  2. Porter v. . DurhamSupreme Court of North Carolina · 1884

3Cited by4 opinions

  1. Pruden v. KeemerSupreme Court of North Carolina · 1964
  2. Hoyle v. . WilsonSupreme Court of North Carolina · 1847
  3. Roberts v. . DickeySupreme Court of North Carolina · 1892
  4. Tindall v. WillisCourt of Appeals of North Carolina · 1989

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