Whitaker v. Garren
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at May Term, 1914, of Hen-DERSON. This is an action to recover land, and for damages for cutting and removing timber from the disputed part thereof. The plaintiff claims the land in dispute as part of a tract of land granted from the State to Alf. Williams, 17 December, 1862, and con- • veyed by Alf.
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Appeal by defendant from Cline, J., at May Term, 1914, of Hen-DERSON. This is an action to recover land, and for damages for cutting and removing timber from the disputed part thereof. The plaintiff claims the land in dispute as part of a tract of land granted from the State to Alf. Williams, 17 December, 1862, and con- • veyed by Alf. Williams to W. B. Williams, with covenants q£ seizure and full warranty, 31 May, 1870, and by- Johnson Ashworth, administrator of W. B. Williams, to John W. Whitaker, 2 January, 1883, and conveyed by Sallie Whitaker ef al., representatives of John W. Whitaker,…
1Opinion of the CourtAlleN, J.
Prior-to 1903 it was generally held that proceedings under the processioning act of 1893 did not affect the title.
The Court said in Williams v. Hughes, 124 N. C., 3: “We do not think it was intended to try title to land under this statute, but to procession, locate, and establish the lines between adjacent landowners.” In Wilson v. Alleghany Co., 124 N. C., 7, the proceeding “settles no rights or titles to property, but only locates the dividing lines between the parties.” In Vandyke v. Farris, 126 N. C., 746, it “does not prohibit either party from asserting his rights as to the title to the…
2Cases cited18 opinions
- United States v. SpeedSupreme Court of the United States · 1869
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
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- Brown v. . HutchinsonSupreme Court of North Carolina · 1911
- Cropsey v. . MarkhamSupreme Court of North Carolina · 1916
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