Pearson v. . Barringer
Supreme Court of North Carolina
This was a civil ACTION, tried by Bynum, J., at Fall Term, 1891, of the Superior Court of Burke County. This cause was referred at Fall Term under the following order: ‘•This cause is, by consent, referred to B. F. Davis and L. A. Bristol as arbitrators (with power in them to call in an umpire who shall decide in case they disagree), to declare and establish the line in dispute between the plaintiff and the defendant, dividing the lot known as the McKesson from that known as…
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This was a civil ACTION, tried by Bynum, J., at Fall Term, 1891, of the Superior Court of Burke County. This cause was referred at Fall Term under the following order: ‘•This cause is, by consent, referred to B. F. Davis and L. A. Bristol as arbitrators (with power in them to call in an umpire who shall decide in case they disagree), to declare and establish the line in dispute between the plaintiff and the defendant, dividing the lot known as the McKesson from that known as the Chunn property; the right of the •defendant (if any) to have the lane between the said lots kept open, and the…
1Opinion of the Court
Shepherd, J.:
Only two reasons for setting aside the award were insisted upon on the argument before us.(1). The first is, that the arbitrators exceeded their authority, in that they undertook to take five feet from the defendant’s land and “add ” it to that of the plaintiff: whereas, they were only authorized “to declare and establish the line in dispute between the plaintiff and the defendant,” etc.
We do not think that the award is susceptible of the construction that the arbitrators assumed to try the title or to divest the estate of one part and put it in the other. Very clearly the…
2Cases cited1 opinion
- Davis v. ForsheeSupreme Court of Alabama · 1859
3Cited by7 opinions
- Thomas v. HowardCourt of Appeals of North Carolina · 1981
- Nelson v. . R. R.Supreme Court of North Carolina · 1911
- Nelson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Scott v. Arden Farms Co.Court of Chancery of Delaware · 1942
- Arbitration of Pope Construction Co. v. State Highway CommissionMissouri Court of Appeals · 1936
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