Doe on the Demise of Mann v. Taylor
Supreme Court of North Carolina
ActioN of ejbctMEnt, tried before Caldwell, Judge, at Spring Term, 1856, of Stanly Superior Court. The plaintiff adduced title to the land in question, from the sovereign, by a grant from Gabriel Johnston, Esq., one ©f the provincial Governors, to Arthur Dobbs, and then introduced testimony to establish a possession of seven years, under color of title.
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ActioN of ejbctMEnt, tried before Caldwell, Judge, at Spring Term, 1856, of Stanly Superior Court. The plaintiff adduced title to the land in question, from the sovereign, by a grant from Gabriel Johnston, Esq., one ©f the provincial Governors, to Arthur Dobbs, and then introduced testimony to establish a possession of seven years, under color of title. The grant to Arthur Dobbs contained the following description, viz: “ A tract of land containing twelve thousand five hundred acres, being subdivided from tract No. 2, surveyed by Matthew Rowan, Esq., upon the branches of the great Pee Dee and…
1Opinion of the CourtPearson, J.
The objection in regard to the location of the grant to Dobbs, is fatal to the plaintiff’s claim, and it is unnecessary to advert to any of the ■ other points made in the Court below.
The grant has two descriptions: First, it is a grant of 12,500 acres, being a subdivision of tract No. 2, and it is bounded by tract R. on the south and east, and by the tract T on the west. If the tracts R and T could be identified, this description, under the rule id eertum est quod eer-tum reddipotest, would be sufficient to make out a location of the tract in question, by aid of the fact, that it is a…
2Cited by9 opinions
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- McLendon v. RavesiesMississippi Supreme Court · 1937
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