Duncan v. . Hall
Supreme Court of North Carolina
ActioN for the recovery of land, begun in February, 1892, and tried before Battle, J., at Fall Term, 1894, of WilKes Superior Court. The main question involved was one of boundary, depending on the proper location of the South boundary of a grant called the “Moravian Grant.” This grant commences at an island in the Yadkin river ; thence west; thence south to a beech tree on Moravian creek, near the mouth of a branch ; and thence east, and thence to the beginning.
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ActioN for the recovery of land, begun in February, 1892, and tried before Battle, J., at Fall Term, 1894, of WilKes Superior Court. The main question involved was one of boundary, depending on the proper location of the South boundary of a grant called the “Moravian Grant.” This grant commences at an island in the Yadkin river ; thence west; thence south to a beech tree on Moravian creek, near the mouth of a branch ; and thence east, and thence to the beginning. The land in dispute lies on this.east line, running from Moravian creek. There was a survey ordered ; but the surveyor commenced at…
1Opinion of the Court
Avery, J. :
The court refused the request of defendant’s counsel, made in apt time, to instruct the jury in effect, that in fixing the location of the lower line Moravian Grant the proper and lawful method of conducting the survey was to run with the calls of the deed from an admitted corner or from one which the jury believed was located by the testimony instead of reversing the calls from such points. A corner admitted. or ascertained by the usual marks or established by the testimony to the satisfaction of the jury is to be considered by them (as was said by PeabsoN, J., in Safret v.…
2Cases cited2 opinions
- Hamilton v. . IcardSupreme Court of North Carolina · 1894
- Norwood v. . CrawfordSupreme Court of North Carolina · 1894
3Cited by14 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Barbee v. EdwardsSupreme Court of North Carolina · 1953
- Hanstein v. . FerrallSupreme Court of North Carolina · 1908
- Lindsay v. AustinSupreme Court of North Carolina · 1905
- Asheville Land Co. v. LangSupreme Court of North Carolina · 1907
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