Parker v. . Parker
Supreme Court of North Carolina
Appeal by both j>arties from Devin, J., at August Term, 1918, of ONSLOW. This is a processioning proceeding, to establish a line between tbe plaintiffs and defendants. Tbe plaintiffs allege tbe ownership of a certain tract of land, described by metes and bounds, and embraced in tbe Enoch King grant, and that defendants claim land upon tbe western side of tbe King grant, lying over and lapping on tbe lands of tbe plaintiffs.
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Appeal by both j>arties from Devin, J., at August Term, 1918, of ONSLOW. This is a processioning proceeding, to establish a line between tbe plaintiffs and defendants. Tbe plaintiffs allege tbe ownership of a certain tract of land, described by metes and bounds, and embraced in tbe Enoch King grant, and that defendants claim land upon tbe western side of tbe King grant, lying over and lapping on tbe lands of tbe plaintiffs. Tbe defendants, among other things, say, in their answer: “3. They claim and own land lying upon tbe western side of tbe Enoch King patent, and deny that there is any…
1Opinion of the CourtAllen, J.
It is not contended that the defendants have not shown sufficient evidence to go to the jury to the effect that the J. D. Parker grant, being the junior grant, may lap over upon the Enoch King grant, so that the actual boundary called for in the Parker grant will take in the triangle from 9 to 1 to D and back to 9, or that the defendants have not offered evidence of possession for “seven years of that triangle.” The plaintiff’s contention is that, upon the pleadings, no such position was open to the defendants (plaintiff’s brief), and this contention is upon the idea that — •
1. Upon the…
2Cases cited3 opinions
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Whitaker v. GarrenSupreme Court of North Carolina · 1914
- Swain v. . ClemmonsSupreme Court of North Carolina · 1918
3Cited by3 opinions
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Bumgarner v. CorpeningSupreme Court of North Carolina · 1957
- Nye v. . WilliamsSupreme Court of North Carolina · 1925