Thompson v. . Deans
Supreme Court of North Carolina
Cause removed from the Court of Equity of Nash county. This was a bill to compel a specific performance of an award. John Mathis, Alfred Thompson, one of the plaintiffs, and the defendant owned contiguous lands, and a disagreement having arisen among the three as to the dividing lines between them, they entered into a penal obligation, dated l&th of April, 1851, conditioned as follows: “ Whereas there is a dispute between tbe said John Deans, Alfred Thompson and John Mathis,…
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Cause removed from the Court of Equity of Nash county. This was a bill to compel a specific performance of an award. John Mathis, Alfred Thompson, one of the plaintiffs, and the defendant owned contiguous lands, and a disagreement having arisen among the three as to the dividing lines between them, they entered into a penal obligation, dated l&th of April, 1851, conditioned as follows: “ Whereas there is a dispute between tbe said John Deans, Alfred Thompson and John Mathis, in regard to the dividing lines of their lands, and the said parties have referred the said dispute to Exum L. Curl,…
1Opinion of the CourtMaNly, J.
The bill is to enforce an award by compelling a specific execution. The submission appears to be by agreement in ¡pais, and by reference to it, it is found the arbitrators are authorised to make lines and settle the dispute then existing between the parties in regard to their dividing lines; and they bind themselves to abide by such lines as shall be made and laid down by such referees, and to allow each other peaceably to enjoy the same as alloted. The referees laid down a line of division, and the parties, thereupon, adjusted their respective possessions in conformity with the same.
After…
2Cited by2 opinions
- Carter v. . SamsSupreme Court of North Carolina · 1838
- Pass v. . CritcherSupreme Court of North Carolina · 1893