Clark v. Wagoner
Supreme Court of North Carolina
CiviL ACTION, (Ejectment under our former practice,) tried before his Honor, Mitchell, J., at the Spring Term, 1873, of of the Superior Court of Iredell county. The facts pertinent to the points decided, are sufficiently stated in the opinion of the 'Court. Under the charge of his Honor below, the jury returned a verdict for the plain tiff. J udgment. and appeal by' defendant.
1Opinion of the CourtSettle, J.
This was a question of boundary, in which it became necessary to locate the calls of a grant to Samuel Houston, worded as follows, “ fifty acres lying, &c., in Iredell county, on the Catawba river, including two small islands iu said river. Beginning on a stake at the upper end of the island, thence south thirty-five degrees east, fifty-three poles to a stake, the lower end of the island ; thence east one hundred and twenty-six poles to a post oak, thence, &c., to the beginning.”
*707And we think bis Honor has fallen into two mistakes in the instructions he gave the jury :
1. As there was evidence…
2Cited by12 opinions
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Strickland v. . DraughanSupreme Court of North Carolina · 1883
- Jones v. . BunkerSupreme Court of North Carolina · 1880
- Hoge v. LeeSupreme Court of North Carolina · 1922
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1901
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