Cheatham v. . Young
Supreme Court of North Carolina
Action to recover land, tried before Bryan, J., and a jury, at may Term, 1892, of Vance Superior Court. The land in controversy was a strip about two and one-half feet in width, which both parties claimed under deeds introduced in evidence. The width of certain streets referred to in the deeds became material in determining the location of the boundary lines. The defendants offered in evidence the records of the Commissioners of the town of Henderson.
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Action to recover land, tried before Bryan, J., and a jury, at may Term, 1892, of Vance Superior Court. The land in controversy was a strip about two and one-half feet in width, which both parties claimed under deeds introduced in evidence. The width of certain streets referred to in the deeds became material in determining the location of the boundary lines. The defendants offered in evidence the records of the Commissioners of the town of Henderson. The plaintiff objected because not proven, and further, that it was incompetent evidence, if proven,-plaintiff being neither party nor privy to…
1Opinion of the Court
Avery, J.:
The statement of the case on appeal is not so full or so clear as it might have been made. But it seems to have become material to the location of the plaintiff’s boundary to determine where Montgomery street intersected with Garnett street and with "Wyche alley; and one of the questions involved in this inquiry was, What was the width of Garnett street, and what the distance from it to said alley? Neither the map used upon the trial nor any one of the deeds is sent up as an exhibit, and it does not appear in express terms from the testimony what was the description of the land…
2Cases cited4 opinions
- State v. . VoightSupreme Court of North Carolina · 1884
- Shook v. PateSupreme Court of Alabama · 1873
- Davidson v. . ArledgeSupreme Court of North Carolina · 1887
- Farrior v. . HoustonSupreme Court of North Carolina · 1886
3Cited by8 opinions
- A-S-P Associates v. City of RaleighSupreme Court of North Carolina · 1979
- Cone v. Hyatt.Supreme Court of North Carolina · 1903
- Fleming v. . SextonSupreme Court of North Carolina · 1916
- Kirby v. . BoyetteSupreme Court of North Carolina · 1895
- Whitaker v. Jenkins.Supreme Court of North Carolina · 1905
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