W. M. Ritter Lumber Co. v. Montvale Lumber Co.
Supreme Court of North Carolina
Appeal by both parties from Qa/rter, J., at Special June Term, 1914, of SwaiN. This action was brought to quiet the title to a large tract of land in the county of Swain, formerly Macon, on the waters of Hazelnut Creek, and alleged to be covered by a grant of the State to W. L. Love, and for damages on account of a trespass upon said land by the defendants. The cas© was referred to Hon, J". D. Murphy, wbo filed a report, which, was reviewed by Judge Carter upon exceptions.
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Appeal by both parties from Qa/rter, J., at Special June Term, 1914, of SwaiN. This action was brought to quiet the title to a large tract of land in the county of Swain, formerly Macon, on the waters of Hazelnut Creek, and alleged to be covered by a grant of the State to W. L. Love, and for damages on account of a trespass upon said land by the defendants. The cas© was referred to Hon, J". D. Murphy, wbo filed a report, which, was reviewed by Judge Carter upon exceptions. We cannot do better than insert here an extract from the findings, showing the contentions of the-parties: “The…
1DissentBbown, J.
I feel compelled to differ from tbe conclusions reached by the majority of the Court in this ease, and I will state my reasons as briefly as possible.
This is an action brought to recover a triangular tract of land delineated on the map as beginning at A, running to B, thence to D, and back to A. The plaintiff’s appeal involves the proper location of the first line of Grant No. 3290. The beginning corner of this grant is admitted by all parties to this action to be correctly located, and is shown on the court map at the letter A. The description of Grant 3290 may be analyzed as follows:
1. A…
2Cases cited12 opinions
- Doe on Dem. of Tatem v. PaineSupreme Court of North Carolina · 1825
- Graybeal v. . PowersSupreme Court of North Carolina · 1877
- Den Ex Dem. Carson v. MillsSupreme Court of North Carolina · 1836
- Jones v. . BunkerSupreme Court of North Carolina · 1880
- Den Ex Dem. Proctor v. PoolSupreme Court of North Carolina · 1833
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