Tallassee Power Co. v. Savage
Supreme Court of North Carolina
Appeal by defendants from Gline, J., at Spring Term, 1918, of MacoN. Civil action to try tbe title to a tract of land situate in Macon County on or near tbe Nantabala River, and at tbe trial it was admitted tbat tbe defendant owned tbe southern part of tbe land covered by Grant No. 3487, approximately tbe portion below tbe tentative line T, and tbat plaintiff owned the land adjoining and up to tbe lines of said grant.
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Appeal by defendants from Gline, J., at Spring Term, 1918, of MacoN. Civil action to try tbe title to a tract of land situate in Macon County on or near tbe Nantabala River, and at tbe trial it was admitted tbat tbe defendant owned tbe southern part of tbe land covered by Grant No. 3487, approximately tbe portion below tbe tentative line T, and tbat plaintiff owned the land adjoining and up to tbe lines of said grant. By rea.son of these agreements, tbe title to tbe part of tbe land in dispute was properly made to depend on tbe correct location of tbe southern line of said grant, plaintiff…
1Opinion of the Court
HoKB, J.,
after stating the case: Among the established rules governing the law of boundary in this State, it has been held:
a. That what are the termini or boundaries of a tract of land, a grant, or deed, is a matter of law; where these termini are is a matter of fact. The court must determine the first, and to the jury it belongs to ascertain the second. Whei'e there is a call for natural objects, and course and distance also given, the former are the termini and the latter merely points or guides to it, and, therefore, when the natural object called for is unique or has properties peculiar…
2Cases cited14 opinions
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Doe on Dem. of Tatem v. PaineSupreme Court of North Carolina · 1825
- Den. on Dem. of Corn v. McCrarySupreme Court of North Carolina · 1856
- Bowen v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1910
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sandifer v. . FosterSuperior Court of North Carolina · 1795
- Hartsfield v. . WestbrookSuperior Court of North Carolina · 1796
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
- Pardue v. BrinegarCourt of Appeals of North Carolina · 2009
- Pardue v. BrinegarCourt of Appeals of North Carolina · 2009
1 more not listed; retrieve them via the Exa API.