Hemphill v. Hemphill.
Supreme Court of North Carolina
ActioN by Benjamin C. ITempliill and wife against T. C. Hempbill and others, heard before Judge M. H. Justice and a jury, at the September Term, 1904, of the Superior Court of Buncombe County. This is an action of ejectment. The question at issue is the location of the line dividing the lands of the plaintiffs and defendants. Both of these tracts originally constituted one tract owned by Andrew Hemphill.
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ActioN by Benjamin C. ITempliill and wife against T. C. Hempbill and others, heard before Judge M. H. Justice and a jury, at the September Term, 1904, of the Superior Court of Buncombe County. This is an action of ejectment. The question at issue is the location of the line dividing the lands of the plaintiffs and defendants. Both of these tracts originally constituted one tract owned by Andrew Hemphill. About 1850 a parol division of this land was made between B. 0. Hemphill, one of the plaintiffs, and John R. Hemphill, both sons of Andrew Hemphill. The plaintiffs claim that the line in…
1Opinion of the Court
Hoke, J.,
after stating the facts: The rights of the parties to this controversy were made to depend upon the correct location of the divisional line between Benjamin C. and John E. Hemphill, under ivliom the defendants claim; and the defendants contend that the true location of this line runs from the “mouth of the branch to the point of the ridge and thence in a northeasterly direction up the ridge to the Vance dine”. In order to establish this position, the defendants offered, first, the deed from John E. Hemphill, now dead, to the heirs of John Brigman, bearing date November 18, 1866, as a…
2Cases cited7 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Westfelt v. Adams.Supreme Court of North Carolina · 1902
- Den Ex Dem. Sasser v. HerringSupreme Court of North Carolina · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Singleton v. . RoebuckSupreme Court of North Carolina · 1919
- Lamb v. . CopelandSupreme Court of North Carolina · 1912
- Sullivan v. . BlountSupreme Court of North Carolina · 1914
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Hoge v. LeeSupreme Court of North Carolina · 1922
18 more not listed; retrieve them via the Exa API.