Britt v. . Benton
Supreme Court of North Carolina
PROCEEDING under the statute, Bat. Rev. ch. 91, for processioning land, heard on appeal at January Special Term,. 1878, of "Wayne Superior Court, before Eure, J. The plaintiff gave notice in writing to the defendant that •on the 3rd of April, 1877, he would with the county surveyor proceed to procession his land adjoining defendant’s, which was accordingly done and a report and plat made by II, G. Maxwell, the surveyor ; and on the 12th of April following, it was certified…
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PROCEEDING under the statute, Bat. Rev. ch. 91, for processioning land, heard on appeal at January Special Term,. 1878, of "Wayne Superior Court, before Eure, J. The plaintiff gave notice in writing to the defendant that •on the 3rd of April, 1877, he would with the county surveyor proceed to procession his land adjoining defendant’s, which was accordingly done and a report and plat made by II, G. Maxwell, the surveyor ; and on the 12th of April following, it was certified to the clerk of said Court that on ■arriving at a certain point in running and marking the lines the plaintiff was…
1Opinion of the CourtSmith, C. J.
The plaintiff’s exceptions to the ruling of Ihe Court below, and which are relied on in the argument. Ihere, will be noticed in their proper order:—
1. The plaintiff excepts, for that, the processioner did not. •concur in and sign the report of the freeholders, and it does not appear he was in consultation with them. The report states that on the 11th of October, 1877, the freeholders after being duly sworn “ appeared with the processioner on the--disputed line,” and then sets out their action in the premises, in detail. It thus appears that the processioner was present, participating with the…
2Cases cited1 opinion
- Atkinson v. . WhiteheadSupreme Court of North Carolina · 1877
3Cited by3 opinions
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
- Parker v. Taylor.Supreme Court of North Carolina · 1903
- Forney v. . WilliamsonSupreme Court of North Carolina · 1887