Bonaparte v. . Carter
Supreme Court of North Carolina
This was an action- to recover land, tried at Fall Term, 1889, of Montgomery Superior Court before Merrimon, J. Plaintiff introduced a grant from the State to James Nall for 300 acres, dated 7th June, 1799, and showed intermediate conveyances and descent of the land embraced in said Nall grant to himself, and offered evidence tending to locate the same, so as to cover the land in dispute, and showed the defendants in possession of a part of the lands embraced in the said…
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This was an action- to recover land, tried at Fall Term, 1889, of Montgomery Superior Court before Merrimon, J. Plaintiff introduced a grant from the State to James Nall for 300 acres, dated 7th June, 1799, and showed intermediate conveyances and descent of the land embraced in said Nall grant to himself, and offered evidence tending to locate the same, so as to cover the land in dispute, and showed the defendants in possession of a part of the lands embraced in the said Nall’s grant, to-wit, all of the part in dispute. The defendants offered in evidence a grant to'Humphrey Ballard, dated…
1Opinion of the Court
Ci/ARK, J.:
The defendants offered in evidence a grant with the following boundaries: “Beginning on the side of Gallon Creek, at a small oak, corner John Edwards’, thence,” &c. In attempting to locate this grant, defendants offered parol evidence to show that this beginning corner was three hundred- yards from the creek. Plaintiff insists that the defendants are confined to the bank of the creek for the beginning corner, and cannot locate it three hundred yards from the bank. The Court ruled that the beginning corner is “a small oak, corner of John Edwards’,” and that the defendants might, if…
2Cases cited2 opinions
- Murray v. . SpencerSupreme Court of North Carolina · 1883
- Cleaveland v. SmithU.S. Circuit Court for the District of Maine · 1842
3Cited by10 opinions
- Batson v. BellSupreme Court of North Carolina · 1959
- Clarke v. AldridgeSupreme Court of North Carolina · 1913
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
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