Cherry v. Slade's Administrator
Supreme Court of North Carolina
From Martin. In this case the Jury found a special verdict, so much of which as relates to the point which was sent up for the opinion of this Court, was as follows : “ Hislop’s patent calls for Yv hitchurt’s corner, described “ in the plat of survey as at A, and “ thence along H ard’s “ line 80 poles.” Ward’s line is from C to D. “ Thence “ south on his line 320 polos to the back swamp.”
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From Martin. In this case the Jury found a special verdict, so much of which as relates to the point which was sent up for the opinion of this Court, was as follows : “ Hislop’s patent calls for Yv hitchurt’s corner, described “ in the plat of survey as at A, and “ thence along H ard’s “ line 80 poles.” Ward’s line is from C to D. “ Thence “ south on his line 320 polos to the back swamp.” The line from C to B is south 30° west; and D is on the « hack swamp, and is the corner of Ward’s patent, which covers the land to the east of the line from C to D. If « the 80 poles from Whitehurst’s Gorner…
1Opinion of the Court
Taylor, Chief-Justice,
The land claimed by the Plaiu-tiff under Hislop’s patent, is described by the letters A, B, C, D, and E. “ Beginning at Whitehurst’s corner at the ((|e^ej) ^ . flience east along Ward’s line 80 poles, thence “ south on his line 320 poles to the back swamp.” If the lines first called for, be extended according to the course and distance in the patent, they would run from A to B, and thence to D, and leave out the land claimed by the Plaintiff ; but in so running, they would not be on or with Ward’s line ; they would depart from the boundaries called for in the patent, for…
2Cited by57 opinions
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Brown v. HodgesSupreme Court of North Carolina · 1950
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Elliott v. Jefferson.Supreme Court of North Carolina · 1903
- Batson v. BellSupreme Court of North Carolina · 1959
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