Spruill v. . Davenport
Supreme Court of North Carolina
Astee the new trial granted in this case, at December Term, 1852, (see Busb. Rep. 134,) it came on to be tried again at Washington Superior Court of Law, on the last circuit, before his Honor Judge Ellis.
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Astee the new trial granted in this case, at December Term, 1852, (see Busb. Rep. 134,) it came on to be tried again at Washington Superior Court of Law, on the last circuit, before his Honor Judge Ellis. The plaintiff claimed under a grant to Nehemiah Spruill, issued in 1791, the second corner of the boundary of which was admitted to ho at E. The call from thence is “ west-wardly along tho said Spruill’s lino, and Thomas Mackey’s line, 300 poles to Greenland Swamp,” with various other calls, to the beginning. In submission to the former decision, it was admitted that the three hundred poles…
1Opinion of the CourtBattle, J.
There was, we tbinlc, an error in his Honor’s charge, which no doubt misled the jury to the prejudice of the defendant, and which therefore entitles him to a new trial. The difficulty in the case was the proper location of the Greenland Swamp, called for in the grant, and at what point the line, extended from F, should reach it. There were three distinct portions of the same swamp, each of which the parties respectively contended, was the Greenland .Swamp meant in the call of the grant. Which of them was .the true one, was a question of fact for, the jury, to be decided by the weight of…
2Cited by3 opinions
- Batson v. BellSupreme Court of North Carolina · 1959
- Sherrod v. . BattleSupreme Court of North Carolina · 1911
- Rowe v. . Lumber Co.Supreme Court of North Carolina · 1905