Clarke v. Wagner
Supreme Court of North Carolina
Civir, ACTION, in the nature of Ejectment tried before Furches, J., at the Fall Term, 1875, of Iredell Superior Court. In support of his title, the plaintiff introduced a grant from the State dated in 1802, on a survey made some time before that date, to one Samuel Houston, Sen., calling for fifty acres of land, described as follows: Beginning on a stake, the upper end of the island, thence south 35° east fifty-three poles to a stake, the lower end of the island ; thence…
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Civir, ACTION, in the nature of Ejectment tried before Furches, J., at the Fall Term, 1875, of Iredell Superior Court. In support of his title, the plaintiff introduced a grant from the State dated in 1802, on a survey made some time before that date, to one Samuel Houston, Sen., calling for fifty acres of land, described as follows: Beginning on a stake, the upper end of the island, thence south 35° east fifty-three poles to a stake, the lower end of the island ; thence east 125 poles to a post oak; thence north 15 poles to a black oak; thence west 20 poles to Samuel Houston’s old corner;…
1Opinion of the CourtPeaKSON, C. J.
Tlio statement of the case does not set out with distinctness the locus in quo, but we learn, from it and the plat and the statement of counsel at the bar, that it composes a slip of dry land lying between a direct line from *799the lower end of Island No. 2 to the post oak corner, and a line of marked trees from that corner to a white oak oil the bank of the river, marked as a “ fore and aft';” and also a parcel of land covered by water. In regard to the dry land, there was evidence of a long continued possession by those under whom defendant derives title, claiming np to the white oak and…
2Cited by2 opinions
- Graybeal v. . PowersSupreme Court of North Carolina · 1877
- Clarke v. . WagnerSupreme Court of North Carolina · 1878