Porter v. . Durham
Supreme Court of North Carolina
Appeal from an order made at Fall Term, 1883, of PeNDEU Superior Court, by Philips, J. This was a proceeding under the act for “ Processioning Land,” in which the plaintiff gave ten days’ notice to persons owning lands adjoining his own.
Read the full summary
Appeal from an order made at Fall Term, 1883, of PeNDEU Superior Court, by Philips, J. This was a proceeding under the act for “ Processioning Land,” in which the plaintiff gave ten days’ notice to persons owning lands adjoining his own. The surveyor made a report to the cleric of the court, in which he stated, among other things, that in running one of the disputed lines between the plaintiff and the defendant, he was proceeding to establish a corner at a certain place, when the defendant objected, saying that the surveyor should run the line further on to another point, which the surveyor…
1Opinion of the CourtSmiti-i, C. J.
It was remarked by Gaston J., delivering the opinion of the court in Carpenter v. Whitworth, 3 Ired., 204, that the “ practice of processioning lands, though recognized in our statute for more than a century, has for many years been so generally disused, that few of the profession or of the bench can claim to be familiar with the law respecting it.” The same observation will bear repetition after the lapse of forty years, since but little aid can be derived from the few subsequent cases to be found in the reports in the interpretation of its provisions. Inasmuch as great strictness is…
2Cited by5 opinions
- Forney v. . WilliamsonSupreme Court of North Carolina · 1887
- Euliss v. McAdamsSupreme Court of North Carolina · 1888
- Euliss v. . McAdamsSupreme Court of North Carolina · 1888
- Hoyle v. . WilsonSupreme Court of North Carolina · 1847
- Roberts v. . DickeySupreme Court of North Carolina · 1892